TITLE 13 - Index

 

 

CHAPTER 13.04 – NAMING AND DESIGNATION OF THOROUGHFARES

13.04.010 Applicability; Definitions
13.04.020 Naming and designation
13.04.030 Method of naming

CHAPTER 13.08 - NUMBERING BUILDINGS

13.08.010 Compliance with numbering system required
13.08.020 Definitions
13.08.030 Addresses for Buildings
13.08.040 Numbering system designated East and west throughways
13.08.050 Numbering system designated North and south throughways
13.08.060 Numbering system designated—drives
13.08.070 Numbering system designated—circles
13.08.080 Numbering system designated—courts
13.08.090 Numbering system designated—loops
13.08.100 Address changes
13.08.110 Penalty

CHAPTER 13.12 - TREES IN AND ADJACENT TO CITY RIGHTS OF WAY

13.12.010 Purpose
13.12.020 Definitions
13.12.030 Designation of Hood River Tree Committee
13.12.040 Street Tree Plan and List of Trees
13.12.050 Plantings in New Subdivisions and Developments
13.12.060 Modified and New Streets
13.12.070 Street Tree Trimming Permit Requirements and Conditions
13.12.080 Registration of Arborists
13.12.090 Maintenance
13.12.100 Diseased Tree Removal
13.12.110 Protection of Trees
13.12.120 Permit to Work on or Remove Trees
13.12.130 Pruning For or By Utility
13.12.140 Stumps
13.12.150 Outstanding Trees Registry
13.12.160 Enforcement

CHAPTER 13.14 - SHADE TREE COMMITTEE

13.14.010 Purpose
13.14.020 Designation of Shade Tree Committee
13.14.030 Duties of the Tree Committee
13.14.040 Budget and Financing
13.14.050 Heritage Tree Registry
13.14.060 Street Tree Plan and List of Trees

CHAPTER 13.16 – PUBLIC IMPROVEMENTS - LOCAL IMPROVEMENT DISTRICT

13.16.010 Initiation
13.16.020  Report
13.16.030 Council Action on Report
13.16.040 Resolution and Notice.
13.16.050 Hearing.
13.16.060 Preliminary Assessment.
13.16.070 Call for Bids.
13.16.080 Financing Resolution.
13.16.090 Notice of Proposed Assessment.
13.16.100 Assessment Ordinance.
13.16.110 Method of Assessment.
13.16.120 Alternative Financing Methods.
13.16.130 Remedies.
13.16.140 Notice of Assessment.
13.16.150 Bancroft Bonding Act.
13.16.160 Authority to Issue Bonds.
13.16.170 Lien Records.
13.16.180 Interest.
13.16.190 Interest Rates and Penalty Fees.
13.16.200 Errors in Assessment Calculations.
13.16.210 Deficit Assessment.
13.16.220 Reassessment.
13.16.230 Rebates.
13.16.240 Abandonment.
13.16.250 Curative Provision.
13.16.260 Bancrofted Assessments
13.16.270 NonBancrofted Assessments.
13.16.280 Apportionment of Final Assessment
13.16.290 Foreclosure.

CHAPTER 13.17 – REIMBURSEMENT DISTRICTS

13.17.010  Definitions
13.17.020  Initiation of Proceedings
13.17.030  City Engineer’s Report
13.17.040  Public Hearing
13.17.050  Determining Reasonable Actual Costs
13.17.060  Obligation to Pay Reimbursement Charge
13.17.070  Right of Reimbursement
13.17.080  Ownership of Public Improvement
13.17.090  Prohibited Conduct
13.17.100  Unpaid Reimbursement Charges

CHAPTER 13.18 – ECONOMIC IMPROVEMENT DISTRICTS

13.18.010  Purpose
13.18.020  Definitions
13.18.030  Restrictions
13.18.040  Initiation
13.18.050  Notice of Council Hearing
13.18.060  Hearing
13.18.070  Establishing EID
13.18.080  Assessment and Participant Fee Notice and Hearing
13.18.090  Final Property Assessment/Fee Ordinance
13.18.100  Notice of Property Assessment
13.18.110  Notice of Participant Fee
13.18.120  Lien Record and Foreclosure Proceedings for Property Assessments
13.18.130  Amendments
13.18.150  Reapportionment
13.18.160  Expenditure of Property Assessments and Participant Fees

CHAPTER 13.20 - SIDEWALK MAINTENANCE

13.20.010  Owner responsibility and liability
13.20.020  Notice of disrepair
13.20.030  City repair--Lien

CHAPTER 13.24 - OBSTRUCTIONS 

13.24.010  Person defined
13.24.020  Flags, banners and signs--Permit required-- Exceptions
13.24.030  Flags, banners and signs--Not to endanger traffic
13.24.040  Flags, banners and signs--Height above sidewalk--Construction standards
13.24.050  Protection of premises set below grade
13.24.060  Removal of dirt or earth
13.24.070  Permit required to stack wood
13.24.080  Abatement of obstructions
13.24.090  Violation--Penalty

CHAPTER 13.28 - DRIVEWAYS AND CURB CUTS

13.28.010  Service driveway defined
13.28.020  Permit--Required--Application requirements
13.28.030  Permit--Issuance
13.28.040  Driveways and Pubilc Street Access Spacing Standards

13.28.050  Concrete construction required
13.28.060  Permit--Fees
13.28.070  Conditions of issuance of permit
13.28.080  Nonconformance--Notice to alter
13.28.100  Violation--Penalty

CHAPTER 13.32 - STREET CONSTRUCTION 

13.32.010  Conditions precedent to construction

CHAPTER 13.36 - MANAGEMENT OF CITY RIGHTS OF WAY

13.36.010 Intent and Scope
13.36.020 Definitions
13.36.030 Right of Way Permit
13.36.040 Construction
13.36.050 Relocation/Undergrounding
13.36.060 Repairs and Restoration
13.36.070 Adherence to Terms of Permit – Permit Exhibition
13.36.080  Maintenance
13.36.090 Vegetation
13.36.100 Discontinued Use
13.36.110 Vacation
13.36.120 Insurance
13.36.130 Financial Assurance
13.36.140 Liability and Indemnification
13.36.150 Revocation of Permits
13.36.160 Application to Existing Agreements
13.36.170 Notice of Amendment
13.36.180 Preemption and Severability
13.36.190 Violation – Penalty

CHAPTER 13.40 - SIDEWALK AND CURB CONSTRUCTION AND REPAIR 

13.40.010  Definitions
13.40.020  Standards--Establishment--Compliance required
13.40.030  Permit--Required--Application--Fee--Issuance
13.40.040  Inspections authorized
13.40.050  Construction--Findings required
13.40.060  Construction--Notice and hearing
13.40.070  City construction
13.40.080  Violation--Penalty

CHAPTER 13.44 - PUBLIC PARKS 

13.44.010  Authority to Acquire and Designate City Parks 
13.44.020  Park Rules and Regulations 
13.44.030  Compliance Required, Violations

CHAPTER 13.48 - PARKING AND STORAGE OF MOBILE HOMES, RECREATIONAL VEHICLES, TRAILERS, AND STORAGE CONTAINERS

13.48.010  Purpose
13.48.020  Definitions
13.48.030  Exclusion zone restrictions
13.48.040  All other zones--Storage in streets and public parking areas
13.48.050  Unlawful storage or parking--Time limit-- Exception
13.48.060  Emergency use for sleeping or living--Permit requirements, fees and other conditions
13.48.070  Use for live-in at construction site--Permit requirements, fees and other conditions
13.48.080  Violation--Penalty

CHAPTER 13.52 - CITY'S JURISDICTION OVER PUBLIC RIGHTS OF WAY 

13.52.010  Definitions
13.52.020  Jurisdiction
13.52.030  Scope of Regulatory Control
13.52.040  City Permission Requirement
13.52.050  Obligations of the City
13.52.060  Severability

CHAPTER 13.56 – TRANSPORTATION SYSTEMS DEVELOPMENT CHARGES

Repealed by Ordiannce 2005 (2013)

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CHAPTER 13.04 – NAMING AND DESIGNATION OF THOROUGHFARES

Legislative History:  Ord. 1334 (1973); Ord. 1647 (1991); Ord.1792 (2000);Ord 1828 (2002); Ord 1914 (2006)

Sections:
13.04.010 Applicability; Definitions
13.04.020 Naming and designation
13.04.030 Method of naming


 13.04.010 Applicability; Definitions.  

A. This chapter applies to all throughways located in the City limits.

B. Throughway means every highway, street or roadway to which the abutting land has no legal right of access except as may be permitted by the road authority having jurisdiction over the highway, street or roadway.
1. East throughways are throughways that run east/west and north/south of Front Street (e.g. East 3rd Street; East Eugene Street).
2. North throughways are throughways that run north/south of Columbia Street (e.g. North 20th Street; North Wasco Court).

C. Alleys are not considered throughways subject to this chapter.

13.04.020 Naming and Designation. 

A. Except as provided in subsection (F) of this section, only the following designations may be used as designations for the following classes of throughways:
1. Avenue.  Throughways running east and west.  Avenues shall be named using words.
2. Street.  Throughways running north and south.  Streets shall be named using numbers.
3. Drive.  Throughways more than two blocks long but not conforming to a continuous east-west or north-south direction.  Drives shall be named using words.
4. Place or Way.  Throughways parallel to but between streets or avenues.  Places or ways shall be named using words.
5. Circle.  Throughways that flow in a circular pattern and intersect the same throughway at only one location.  The name of circles shall be different from the name of the intersected throughway.
6. Court.  Throughways entering into a cul-de-sac that cannot be extended.  Courts shall be named using words.
7. Loop.  Throughways entering in and out on a street of the same name within a neighborhood.  Loops shall be named using words.
8. Lane.  Privately owned throughways in and out of private subdivisions or planned unit developments.  Lanes shall be named using words.
9. Parkway.  Throughways in and out of a public park.  Parkways shall be named using words.

B. East throughways shall have the word “East” included in the throughway name as a prefix.  North throughways shall have the word “North” included in the throughway name as a prefix.

C. Throughway names shall be limited to two (2) words and/or eleven letters.  The name shall not have any characters or symbols other than letters and numbers of the English alphabet.

D. The name shall not be a duplicate or similar to an existing throughway name already in use within Hood River County, unless the throughway is a continuation of and in alignment with an existing named throughway, even if the designation is different.

E. A throughway name shall not be a pun and shall not be deliberately misspelled to create a pun.  A throughway name shall not emphasize or create a frivolous association with another word or result in confusion.

F. All existing throughways within the city shall be named and designated as listed in the U.S. Postal Service street directory for Hood River dated July 20, 1999, as follows:

• A Street
• Armadale Avenue
• Avalon Court
•  Avalon Drive
• Avalon Place
• Avalon Way
• B Street
• Belmont Avenue (all numbers within city limits)
• Brookside Drive (all numbers within city limits)
• C Street
• Cascade Avenue
• Cherry Court
• Columbia Street
• Dock Road
• Eliot Drive
• Eugene Street
• E. Eugene Street
• Fern Place
• Floral Place
• Front Street
• Hazel Avenue
• E. Hazel Avenue
• Hope Avenue
• Hull Street
• Industrial Street
• June Street
• Kropp Court
• Lincoln Street
• Lovers Lane
• Marian Street
• E. Marina Way
• May Street
• Meyer Parkway
• Mollie Avenue
• Montello Avenue
• Montello Court
• Nix Drive
• Oak Street
• Pacific Avenue
• Piltz Court
• Pine Street
• Port Marina Park
• Portway Avenue
• Prospect Avenue
• Railroad Street
• Rand Road
• N. Rand Road
• Rene Place
• Serpentine Road
• Sherman Avenue
• E. Sherman Avenue
• Sherman Court
• Sieverkropp Drive
• State Street
• E. State Street
• Sterling Place
• Taylor Avenue
• Union Street
• N. Wasco Court
• Wasco Street
• Westcliff Drive
• Wilson Street
• Windswept Place
• 2nd Street
• E. 2nd Street
• N. 2nd Street
• 3rd Street
• E. 3rd Street
• 4th Street
• E. 4th Street
• 5th Street
• 6th Street
• 7th Court
• 8th Street
• N. 8th Street
• 9th Court
• 9th Street
• 10th Street
• N. 10th Street
• 11th Street
• 12th Street
• 13th Street
• 14th Street
• 15th Street
• N. 15th Street
• 16th Street
• 17th Street
• 18th Street
• N. 18th Street
• 20th Street
• N. 20th Street
• 21st Street
• 22nd Street
• 24th Street
• 25th Street
• 27th Street
• 30th Street

13.04.030 Method of Naming 

A. Throughways in subdivisions and partitions shall be named and designated as part of the subdivision process.  All proposed names and designations for throughways in all new subdivisions and partitions inside the Urban Growth Boundary are subject to review and approval by the City Engineer prior to final plat approval.


B. The proposed name and designation for all other new throughways shall be submitted to the Director of Public Works for review and approval.  The Director of Public Works may reject any name and designation not in compliance with this chapter, or modify any name and designation to make it conform to this chapter.

C. All changes to throughway names and designations shall be processed in accordance with the following procedure.
1. The person desiring to name change the name and/or designation of an existing throughway shall submit an application to the City Recorder containing the proposed names and designations and the information required by subsection (D)
2. The City Recorder shall schedule a public hearing before the City Council to consider the proposed name and designation request.  Notice of the name and designation request and public hearing date shall be published at least once in a newspaper of general circulation within the city and mailed to (a) all property owners and residents of the throughway for which the name and designation request is made and who would be affected by the name and designation request and (b) any affected agencies.
3. If no objection to the proposed name or designation change is received by the City Council at or before the public hearing, the City Council shall approve the proposed name and designation change provided the name and designation comply with this chapter.  The City Council may otherwise modify the proposed name and designation and shall modify the proposed name and designation as needed to comply with this chapter.

D. The application for a changed name and/or designation shall be on a form provided by the City Recorder and shall be submitted with the application fee.  For a proposed name change for an existing throughway not initiated by the City, the application shall include the signed written consents from at least 51% of those affected owners and residents entitled to notice under subsection (C) above.  The application fee shall be set by Council resolution.

E. Approval of a proposed name change for an existing throughway may be conditioned upon the applicant paying the cost of providing and installing new throughway signs. 

F. Notice of an approved name change for an existing throughway shall be provided to the affected owners and residents entitled to notice under subsection (C) above.

 

 

CHAPTER 13.08 - NUMBERING BUILDINGS

Legislative History:  Ord 205 (1909); Ord. 1914 (2006)

Sections:
13.08.010 Compliance with numbering system required
13.08.020 Definitions
13.08.030 Addresses for Buildings
13.08.040 Numbering system designated East and west throughways
13.08.050 Numbering system designated North and south throughways
13.08.060 Numbering system designated—drives
13.08.070 Numbering system designated—circles
13.08.080 Numbering system designated—courts
13.08.090 Numbering system designated—loops
13.08.100 Address changes
13.08.110 Penalty


13.08.010 Compliance with Numbering System Required. All buildings in the city shall be numbered in the manner set out in this chapter and not otherwise.

13.08.020 Definitions.

A. An address is a site identifier of a building located on a parcel or tax lot.

B. The definitions set forth in chapter 13.04 also apply to this chapter.

13.08.030 Addresses for Buildings.

A. Addresses for all new and existing commercial and industrial buildings shall be in a size and position on the building so as to be plainly visible and legible from the throughway fronting the building.  The address numbers shall contrast with the background, shall be Arabic numerals, and shall be a minimum of six (6) inches high and .75 inches wide.  The address numbers shall be located on the building in compliance with any other applicable state laws and regulations.

B. Commercial and industrial buildings shall be assigned a separate address for each building.  A numerical suffix or suite number shall be added to identify individual tenant spaces.

C. Addresses for all new and existing residential and other buildings shall be in a size and position on the building so as to be plainly visible and legible from the throughway fronting the building.  The address numbers shall contrast with the background, be Arabic numerals, and shall be a minimum of four (4) inches high and .5 inches wide.

D. Townhouses shall have separate address numbers.  Suite numbers may be assigned if address numbers are not available.

E. If the building is not visible from the throughway fronting the building, the address must be posted at the driveway entrance.  The address must be clearly visible from both directions of the throughway.


13.08.040 Numbering System Designated - East and West Throughways.  The buildings along all throughways running in the general easterly and westerly direction shall be numbered both east and west from Front Street as the baseline.  Two numbers shall be allowed for each twenty five feet of frontage on the throughway line and the numbering shall begin on the north side of the throughway with the number "2" and the even numbers shall be maintained on the north side of such throughway throughout; on the south side of the throughway the numbering shall begin with "1" and the odd numbers shall continue on the south side of the throughway throughout.  Second and additional stories shall be designated by the addition of suite numbers to the number used for the ground floor.  Each block shall begin with even hundreds from First Street west and from East First Street east, and units and tens shall be used in numbering the block from Front to First Street and from Front to East First Street. 

13.08.050 Numbering System Designated - North and South Throughways.  The buildings along all throughways running in a general northerly and southerly direction shall be numbered both north and south from Columbia Street as the baseline.  Two numbers shall be allowed for each twenty five feet of frontage on the throughway line and the numbering shall begin on the west side of the throughway with the number "2" and the even numbers shall be maintained on the west side of the throughway throughout;  on the east side of the throughway, the numbering shall being with “1” and the odd numbers shall continue on the east side of the throughway throughout.   Second and additional stories shall be designated by the addition of suite numbers to the number used for the ground floor.  The units and tens shall be used in numbering the first block both north and south of Columbia Street, and thereafter each block shall begin with even consecutive hundreds, which method of numbering shall be maintained throughout.

13.08.060 Numbering System Designated - Drives.  The buildings along all drives shall be numbered corresponding to the general direction of the throughway (north and south or east and west), as determined by the City Engineer, with the number sequencing and range following the sequencing and range of the closest throughway running in the same direction.

13.08.070 Numbering System Designated - Circles.  The buildings along all circles shall be numbered with even numbers on the inside of the circle and odd numbers on the outside of the circle, with the sequencing of numbers following the general direction of the circle (north and south or east and west), as determined by the Director of Public Works. 

13.08.080 Numbering System Designated - Courts.  The buildings along all cul-de-sacs shall be numbered with even numbers on the north and west side of the cul-de-sac and odd numbers on the south and east side, with the sequencing of numbers following the general direction of the cul-de-sac (north and south or east and west), as determined by the Director of Public Works.  The division point between odd and even numbering is the centerline of the cul-de-sac.

13.08.090 Numbering System Designated - Loops.  The buildings along all loops shall be progressively numbered as if they were a section of the originating throughway, with even numbers on the inside of the loop and odd numbers on the outside.

13.08.100 Address Changes.  Only the City may initiate address changes necessary to comply with the requirements of this chapter.  The City will provide written notice to all affected owners and residents.

13.08.110 Penalty.  Failure to display an address number in conformance with the requirements of this chapter or the display of an address number other than one assigned or changed in accordance with this chapter, is a violation subject to a fine of not more than $500.

 

 

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CHAPTER 13.12 - VEGETATION IN AND ADJACENT TO CITY RIGHTS OF WAY

Legislative History: Ord. 1826 (2002); Ord. 1776 (1999); Ord. 1616 (1989); Ord 1205 (1966); Ord 84 (1939); Ord. 1923 (2006); Ord. 1993 (2011); Ord 2010 (2013)

Sections:
13.12.010 Purpose
13.12.020 Definitions
13.12.030 Designation of Hood River Tree Committee
13.12.040 Street Tree Plan and List of Trees
13.12.050 Plantings in New Subdivisions and Developments
13.12.060 Modified and New Streets
13.12.070 Street Tree Trimming Permit Requirements and Conditions
13.12.080 Registration of Arborists
13.12.090 Maintenance
13.12.100 Diseased Tree Removal
13.12.110 Protection of Trees
13.12.120 Permit to Work on or Remove Trees
13.12.130 Pruning For or By Utility
13.12.140 Stumps
13.12.150 Outstanding Trees Registry
13.12.160 Enforcement


13.12.010 Purpose.  The purpose of this chapter is to maintain and protect the aesthetic quality of the City's residential and business environment and to establish a process and standards that will minimize uncontrolled cutting or destruction of trees and vegetation within Hood River.  It is the intent of this chapter to protect the scenic beauty and livability of the City by promoting a process for preserving and/or renewing its tree canopy and by implementing standards for the planting, maintenance and survival of desirable trees and vegetation.  This chapter also recognizes the value of the urban forest for its effect on air quality and wildlife habitat, and as a noise barrier and visual contrast to the developed urban environment.

13.12.020 Definitions.  As used in this chapter, the following terms have the meanings set forth in this section:

Park Trees.  Trees, shrubs, bushes, and all other woody vegetation in public parks and all areas owned by the City or to which the public has free access to use as a public park.

Planting Strip.  That part of a public right of way not covered by sidewalk or other paving being generally between the sidewalk and the curb.

Public Trees.  Park trees, street trees or other trees on publicly owned or controlled property.
Street.  The entire width of every public way or right-of-way when any part thereof is open to the use of the public for purposes of vehicular or pedestrian traffic.

Street Trees.  Trees on land lying within the right-of-way of any dedicated street.

Tree.  A woody perennial, usually with one main trunk, attaining a height of at least six feet at maturity, or a trunk diameter of at least two inches.

13.12.030 Designation of Hood River Tree Committee.  The City’s Tree Committee is hereby designated as an advisory body to the City with respect to this chapter and urban forestry matters generally.

13.12.040 Street Tree Plan and List of Trees.

A. It is in the best interest of the City that a Street Tree Plan be developed and established for the planting, maintenance and replacement of trees in and along its streets. This section is adopted for the purpose of providing for such a plan.

B. The City Manager, with advice from the Tree Committee, shall prepare or cause to be prepared a Street Tree Plan for the planting and maintenance of trees in the streets of the City.  The plan shall be consistent with the landscaping provisions of Title 17.

C. The City Manager, with advice from the Tree Committee, shall maintain a list of approved varieties of trees that may be planted on any street within the City in accordance with the Street Tree Plan.  In preparing the list, the City Manager shall consider maturity, height, susceptibility to disease or pests, drought resistant reasonable expected freedom from nuisance characteristics and general suitability for any particular locations.

D. The City may plant, or require to be planted, street trees along the streets of the City in the public right-of-way and in accordance with the Street Tree Plan.

13.12.050 Plantings in New Subdivisions and Developments.

A. Street trees shall be planted within the planting strips or sidewalks of any new subdivision or other development in conformity with the Street Tree Plan.  All such planting shall be done in accordance with the planting specifications governing the placement of street trees as provided by the Plan.  All trees shall be planted prior to initial occupancy.

B. The cost of street trees shall be paid by the developer.

13.12.060 Modified and New Streets.  All proposed changes in width in a street, or any proposed street improvement shall, where feasible, include allowances for planting strips. Plans and specifications for planting such areas shall be integrated into the general plan of street improvements.  Any multi-family, commercial, industrial or public facility which causes change in street improvements shall comply with the Plan.

13.12.070 Street Tree Trimming Permit Requirements and Conditions.  A written permit is required to cut, prune, or treat any street tree for any purpose.  A permit may be obtained from the Public Works Department by submitting an application. The City Council, by resolution, establishes any permit fee. The application must state the number and kind of trees to be pruned or treated, the name of permittee and/or contractor, and the time by which the proposed work is to be done and such other information as may be required by the City.  Any work done under the permit must be performed in strict accordance with the terms and provisions of this chapter.  In issuing or denying a permit, the Public Works Department shall apply the standards and objectives of this chapter and the Street Tree Plan.

13.12.080 Registration of Arborists.

A. Any person who is employed or engaged by the City to remove, plant, or maintain any public or privately owned tree must be a register arborist, or employ a registered arborist, and must comply with the arboricultural specifications and standards adopted by the City.

B. All utility companies shall notify the Public Works Department of the identity of their staff arborists or consulting arborist.  Notification constitutes “registration” of the arborist.

C. All arborists are required to present proof of all required insurances and credentials at the time of registration with the Public Works Department.

D. There is no fee to register as an arborist with the City.

13.12.090 Maintenance.

A. The City recognizes the American National Standards Institute A-300 Standards for Tree Care Operations, most recent version, as the appropriate standard for tree care. ANSI A300 Standards shall apply to any person or entity repairing, maintaining, or preserving trees on city property or on public rights-of-way. The City shall incorporate by reference the most recent version of the ANSI A300 within the Urban Forestry Standards and Specifications and maintain the most recent version of the ANSI A300 for public review

B. All vegetation which is now planted or growing in a natural state or that may be hereafter planted or set out in or adjacent to city rights-of-way, and the limbs of which reach over the city rights-of-way, shall be trimmed each year and kept and maintained to a height of not less than nine feet above the sidewalk and to a height of not less than fourteen feet above the street, curb and alley, or any one of them.  The sidewalks, alleys and streets to the center line are to be kept clean at all times from falling vegetative debris. Leaves alone are not considered falling debris.

C. Minor tree work of street trees is the continuing duty and routine obligation of the abutting property owners(s) or occupant.  Minor tree work means clipping, trimming, fertilizing, watering, spraying, or treating for disease or injury, and similar acts to promote health growth and beauty of trees.

D. If an owner or occupant fails to comply with the provisions of this section within the ten days’ notice, the City may, in its sole discretion, cause the work to be performed by the City.  An accurate record of the total cost of the work shall be kept, including total personnel services, costs, materials and an additional charge of ten percent for administrative overhead, and the total costs shall be due and payable in full not later than thirty days from the date of notice of assessment of the costs.
1. If the owner or occupant objects to the total costs assessed, a notice of objection may be filed with the City Recorder not more than ten days from the date of the notice of assessment of costs. The Council shall, in the regular course of business, hear the objection and may amend the amount to be charged for good cause shown.
2. If the total costs of the work are not paid within 30 days from the date of notice of assessment, the Council shall assess the total amended costs against the real property by resolution, and shall enter the assessment resolution in the docket of city liens and record the same in the real property records of Hood River County. The assessment shall constitute a lien upon the real property from the date of recording the assessment resolution in the real property records of Hood River County. Interest may accrue on the assessment at the highest legal rate from the date of recording if provided by Council resolution. The lien shall be enforced in the same manner as assessments for public improvements.
3. Notice may be given to an owner by personal service or by any form of mail requiring a return receipt, addressed to the owner at the address of record with the county assessor.  Notice may be given to an occupant in the same manner or, in the alternative, by posting the notice on the property and thereafter mailing the notice to the occupant at the occupant’s last known address.

13.12.100 Diseased Tree Removal.

A. The City has the right to cause the removal of any dead, dying, or diseased tree on private property within the City of Hood River, when the tree constitutes a hazard to life or property, creates a deadly infestation of or spreads a deadly disease to other trees in the area. 

B. Prior to removal, the City Manager, or designated representative, shall notify the property owner in writing, by certified mail, that removal of a tree or trees is required within thirty (30) days after receipt of notice and that if the owner fails to comply with the notice, the City has the authority to remove the tree(s) and charge the cost of the removal to the owner in accordance with Section 13.12.090(D).

13.12.110 Protection of Trees.

A. It is unlawful for any person to "top" any public tree.  Topping is the cutting of the branches and/or trunk of a tree in a manner that will substantially reduce the overall size of the tree's crown (more than 20% in a calendar year) so as to destroy the existing symmetrical appearance or natural shape of the tree and disfigure the tree.  Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted in writing by the City Engineer.

B. It is unlawful for any person to:
1. Fasten a carriage, animal, bike, motor vehicle of any kind to any shade tree, shrub, tree guard or tree support.
2. Authorize of procure any gas, hot water, brine, oil, herbicide, pesticide, chemicals, dye, or other substance detrimental to tree life to lay, pour, flow, leak, or drip into the soil about the base of a tree in any public highway, street, avenue, or public place.
3. Allow a tree on public right-of-way to be injured or removed during the erection, repair, removal or alteration of any building or structure.
4. Build or kindle a fire near any tree or any public right-of-way, as to endanger the trunk, limb, or foliage of such shade tree.
5. Attach any advertisements to any tree or shrub in any street, highway, avenue or public right-of-way.
6. Lay any pavement within three (3) feet of the base of the trunk of any tree on public right-of-way or deposit any stone, gravel, cement, lumber, or other material in such a way as to obstruct the free access of air and water to the roots of any tree in such right of way.
7. Attach or keep attached to any public tree any ropes, wires, chains, or other device whatsoever, except that the same may be attached to any tree as support or protection thereof.  This prohibition shall not apply to the seasonal attachment of holiday lights.
8. During the erection, repair, alteration or removal of any building, sidewalk, or structure, it is unlawful for the person in charge of such erection, repair, alteration or removal to leave any public tree in the vicinity of such building or structure without a good and sufficient guard or protector as to prevent injury to such tree or its roots arising out of, or by reason of such erection, repair, alteration or removal.
9. It is unlawful for any person to abuse, destroy or mutilate any public tree.               10.  It is unlawful for any person to perform any minor tree work on any public tree without a permit. 

13.12.120 Permit to Work on or Remove Trees.

A. A permit is requireed to perform any work on, or remove, a public tree.           1. The tree is dangerous and may be made safe only by its removal.
2. The tree is dead or dying, and its condition cannot be reversed.
3. The tree is diseased and presents a potential threat to other trees within the City, unless it is removed.
4. The tree is causing damage which cannot be corrected through normal tree maintenance, to nearby public or privates facilities.
5. Removal of the tree is required to make room for trees growing on either side, in accordance with the Street Tree Plan.
6. The tree is located under an electrical power line and would have to be severely disfigured by pruning, in order to meet power line clearances.
7. The tree is one of the following species: Willow, Siberian (Chinese) Elm, Black Locust, fruit or nut bearing, Box Elder.

B. The City may condition approval of the permit with a requirement to replace the tree(s) removed with a tree recommended in the Tree Selection Guide.  No additional permits are required for those replacement trees.

C. If a tree is removed from the subject area without a permit, the City may cause the tree to be replaced by a suitable tree with a minimum of a 3" caliper and assess the person responsible for the cost of replacement, including the cost of the tree and labor.

13.12.130 Pruning For or By Utility.

A. Upon obtaining a written permit from the City Public Works Department, a City franchised utility maintaining its utility system in the street may prune or cause to be pruned, in accordance with this chapter and using proper arboricultural practices in accordance with the permit, any tree located in or overhanging the street which interferes with any light, pole, wire, cable, appliance or apparatus used in connection with or as part of a utility system.
1. The Public Works Department may issue a City-wide permit valid for one year if the utility adequately demonstrates the ability to meet the performance requirements of this chapter and to consistently apply proper arboricultural practices to the pruning of trees. 

B. The utility shall give no less than two weeks prior written notice to the abutting owner of the utility’s plan to prune a tree.  The notice must be given to the owner or occupant of the premises.  The notice shall provide the owner or occupant two weeks to have said trees pruned by a qualified line clearance contractor, in accordance with utility company or applicable industry requirements, at the owner's or occupant's expense and in accordance with the terms of this chapter.  If the owner or occupant fails, neglects or refuses to have the tree pruned as required by the notice, the utility may prune or cause to be pruned, the tree at its expense in accordance with the conditions of the permit and this chapter. 
C. The utility shall provide the Public Works Department written notice of any pruning work at least three (3) working days prior to the start of the work.

D. In those cases where a tree cannot be pruned in such a manner as to preserve the physical or aesthetic integrity of the tree, the tree may be removed and replaced by the utility at its own expense and in compliance with the replacement provisions of this chapter.

13.12.140 Stumps.  In addition to the standards of the National Arborist Association, when a tree is cut down, the stump shall be removed to a depth of 6 inches below the surface of the ground.


13.12.150 Outstanding Trees Registry.

A. Outstanding trees are those trees designated by the City Council following review and recommendation from the Tree Committee.  Nominations may be submitted to the Tree Committee by any citizen with the consent of the property owner. Outstanding trees are those trees which, because of their age, type, notability or historical association, are of special importance to the community.

B. When a tree is designated as an outstanding tree, an outstanding tree plaque may be placed upon or near the tree.  An outstanding tree may not be removed without a public hearing by the City Council at least 30 days prior to the proposed date of removal.

13.12.160 Enforcement. 

A. Any person or persons who violate any of the provisions of this chapter are guilty of a violation, and upon conviction thereof before the municipal court judge, are subject to a fine of not less than fifty dollars nor more than two hundred dollars, and shall, in addition, be required to reimburse the city for any costs incurred for treatment or removal and replacement of the tree or repair of the box or casing around the tree, including total personnel services, costs, materials and an additional charge of ten percent for administrative overhead. 

B. In addition to the procedures for enforcement set forth in this chapter, the nuisance abatement procedures, including the imposition of enforcement fees above, are also applicable to the enforcement of provisions of this chapter.  Failure to maintain a tree or vegetation in accordance with the provisions of this chapter constitutes a nuisance.

C. Each day during which any violation of the provisions of this chapter occurs or continues is deemed a separate offense. 

D. If, as the result of the violation of this chapter, the injury, mutilation, or death of a public tree or vegetation located in a right-of-way is caused, the cost of care, repair or replacement of a similar size tree or vegetation shall be borne by the party in violation.  Replacement cost includes the cost of tree or vegetation and stump removal.  The replacement value of trees and other vegetation is determined in accordance with the latest revision of Valuation of Landscape Trees, Shrubs and Other Plants, as published by the International Society of Arboriculture.

 

CHAPTER 13.14 - SHADE TREE COMMITTEE

Legislative History: Ord. 1979 (2009)

SECTIONS:
13.14.010 Purpose
13.14.020 Designation of Shade Tree Committee
13.14.030 Duties of the Tree Committee
13.14.040 Budget and Financing
13.14.050 Heritage Tree Registry
13.14.060 Street Tree Plan and List of Trees
13.14.010 Purpose.  The purpose of this chapter is to establish the Shade Tree Committee and specify its composition, powers, and duties.
13.14.020 Designation of Shade Tree Committee.  The Shade Tree Committee is a committee designated by the City Council pursuant to Chapter 2.04 as a special committee to advise the City with respect to public trees and urban forestry matters generally. 

A.  The Tree Committee is appointed by the City Council and consists of five or seven members.

1. One member must be a member of the City Council.
2. One member must be a member of the Planning Commission.  Alternatively, the Planning Commission may appoint a Landmarks Review Board member as the Planning Commission’s representative in lieu of a Planning Commissioner.
3.  One member must be designated by the board of the Hood River Downtown Business Council to represent the Hood River Downtown Business Council.
4.  The balance of the Tree Committee will consist of persons with an interest in trees.  If possible, at least one member should be a representative from the field of arboriculture, landscape architecture, or otherwise have a background and professional knowledge of trees and their care.  Although residents of the city and urban growth area are preferred, residency within the city limits or urban growth area is not required.

B.  Tree Committee members are appointed for a term of four years except that upon initial constitution of the Tree Committee, three members will be appointed to two year terms and the remainder to four year terms.  Vacancies are filled by an appointment made by the Council for the remainder of the unexpired term.  Tree Committee members may be reappointed for additional terms of four years each.

C.  Members of the Tree Committee serve at the pleasure of the Council and may be removed at any time by the Council for any or no reason.  A member of the Tree Committee may resign at any time by submitting a letter of resignation to the Council.

D.  A member who is absent from three consecutive meetings without excuse is considered to be in non-performance of duty.

E.  The Tree Committee members, by majority vote, shall elect a chairperson and vice chairperson for a one year term at the beginning of each year, and may reelect the incumbent.  The chairperson presides over Tree Committee meetings. The vice-chairperson presides in the chairperson's absence.

F.  Regular meetings shall be held at a frequency necessary to carry out Tree Committee duties. Meetings shall be called at the request of the chairperson, four Committee members, or at the request of the City Manager, Public Works Director or Planning Director.

G.  A majority of the Tree Committee constitute a quorum for conducting any business.

H.  The Tree Committee may make and alter rules and regulations for its operation consistent with the City Charter, ordinances, and resolutions, subject to review and approval of the Council.

I.  Members of the Tree Committee receive no compensation, but shall be reimbursed for duly authorized expenses.

13.14.030 Duties of the Tree Committee.  The Tree Committee has the following duties and authority.

A.  Work with the Public Works Director and Planning Director to maintain, with the assistance of an arborist, an updated inventory of public trees by species, diameter at breast height, condition and location.
B.  Develop criteria for determining, and standards for protecting, "Heritage Trees" within the City. The purpose of the Heritage Tree designation is to recognize, foster appreciation of, and protect trees having significance to the community. Criteria may include such things as species rarity, age, size, quality, association with historical events or persons, or scenic enhancement. The Tree Committee shall determine, select and identify the trees that qualify as Heritage Trees and maintain the City’s Heritage Tree Registry.
D.  Plan, implement and coordinate programs to celebrate Arbor Day in the community.
E.  Review the planting plan of street trees within the planting strips of any new street for conformity with the City’s specifications and standards of practice. 
F.  Review and make recommendations regarding all landscaping plans with new streets submitted under Title 16 or 17.  
G.  Review any proposed changes to existing streets and street improvement. 
H.  Prepare the Street Tree Plan, and subsequent amendments thereto, and an annual budget to implement the Street Tree Plan, for submission to City Council for approval.  The budget required by this subsection shall be submitted with the Committee’s budget under subsection (I).
I.  Provide an annual report no later than March 1 of each year covering the Committee’s activities, expenses, and including a proposed budget for the coming fiscal year.
J.  Investigate, provide assistance, and make recommendations to the Director of Finance and City Manager regarding supplemental funding from sources (e.g., grants, loans and donations) other than the required two dollars ($2.00) per capita provided for in Section 13.14.040
13.14.040 Budget and Funding.
A.  The City will pay the costs and expenses of caring for public trees and authorized Tree Committee expenses.
B.  A minimum of two dollars ($2.00) per capita per City resident shall be appropriated annually to fund the costs and expenses provided for in this section.
13.14.050 Heritage Trees Registry.
A.  Heritage Trees are those trees designated by the Tree Committee in accordance with the criteria set by the Tree Committee.  Nominations may be submitted to the Tree Committee by any citizen with the consent of the property owner.  A Heritage Tree may not be removed from the Heritage Tree registry without a public hearing by the Tree Committee at least 30 days prior to the proposed date of removal.  Notice shall be provided to the owner of the tree at least 10 days prior to the hearing.
B.  Heritage Tree plaques may be placed upon or near Heritage Trees.  The Heritage Tree plaque will be in a form specified by the Tree Committee. 
13.14.060 Street Tree Plan and List of Trees.
A. The Tree Committee, with the assistance of the Public Works Director, prepares the Street Tree Plan and the City Council approves the Street Tree Plan, as provided in Section 13.14.030(H) above.  The Street Tree Plan shall provide for the selection, care, preservation, watering, maintenance, pruning, planting, replanting, removal and disposition of all public trees, and address such other matters as required in this chapter.
B.  The Street Tree Plan shall include a list of acceptable species for planting as street trees and a list of those tree species not suitable for planting.  The acceptable species list will be divided into three size classes: small, medium, and large.  The list must include minimum tree caliper size for planting.  The list will be known as the Street Tree List.
C.  The Tree Committee shall review Chapter 13.12 and the Street Tree Plan no less frequently than once in every three year period after the initial approval of the Street Tree Plan and forward recommendations for any amendments to Chapter 13.12 and the Street Tree Plan to City Council.
D.  The Tree Committee shall consult with the Public Works Director when preparing the Street Tree Plan and any subsequent amendments. 

 

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CHAPTER 13.16 - PUBLIC IMPROVEMENTS

Sections:
13.16.010 Initiation
13.16.020  Report
13.16.030 Council Action on Report
13.16.040 Resolution and Notice.
13.16.050 Hearing.
13.16.060 Preliminary Assessment.
13.16.070 Call for Bids.
13.16.080 Financing Resolution.
13.16.090 Notice of Proposed Assessment.
13.16.100 Assessment Ordinance.
13.16.110 Method of Assessment.
13.16.120 Alternative Financing Methods.
13.16.130 Remedies.
13.16.140 Notice of Assessment.
13.16.150 Bancroft Bonding Act.
13.16.160 Authority to Issue Bonds.
13.16.170 Lien Records.
13.16.180 Interest.
13.16.190 Interest Rates and Penalty Fees.
13.16.200 Errors in Assessment Calculations.
13.16.210 Deficit Assessment.
13.16.220 Reassessment.
13.16.230 Rebates.
13.16.240 Abandonment.
13.16.250 Curative Provision.
13.16.260 Bancrofted Assessments.
13.16.270 NonBancrofted Assessments.
13.16.280 Apportionment of Final Assessment
13.16.290 Foreclosure.

 

13.16.010 Initiation. 

A. The council may initiate any street, water, sewer, sidewalk, stormwater or other local improvement on its own motion or upon the petition of the owners of at least two-thirds of the property that will benefit specially from the improvement.  Multiple owners of a single lot or parcel have a total of one "vote" and may divide their single "vote" according to ownership percentage.  The improvement shall be paid for in whole or in part by special assessment according to benefit.
B. The terms “local improvement” or “public improvement” mean the construction, reconstruction, improvement, alteration, or repair of any street, alley, parkway, public parking area, sidewalk, crosswalk, curbing, water mains or lines, sewer, sewer treatment facilities, drains, storm drains, storm drain facilities, or any part thereof, including the acquirement of any land necessary therefore, or any other improvement so designated by the council.
C. The term “owner” means the owner of the title to real property or the contract purchaser of real property of record as shown on the last available complete assessment roll in the office of the county assessor.

13.16.020 Report.  The City Engineer shall make a written report for the proposed local improvement project, which shall contain the following:

1. A map or plat showing the general nature, location and extent of the proposed improvement and the land to be assessed for the payment of any part of the cost.
2. An estimate of the probable cost of the improvement, including any legal, administrative and engineering costs attributable to it.
3. An estimate of the unit cost of the improvement to the specially benefited properties.
4. A recommendation as to the method of assessment to be used to arrive at a fair apportionment of the whole or any portion of the cost of the improvement to the properties specially benefited.
5. The description and assessed value of each lot, parcel of land, or portion thereof, to be specially benefited by the improvement, with the names of the record owners and, when available, the names of any contract purchasers.
6. A statement of outstanding assessments against the property to be assessed.

13.16.030 Council Action on Report.  The Council may, by motion, approve the report, modify the report and approve it, or abandon the proposed local improvement.  Approval shall be by resolution as described in Section 13.16.040.  The resolution is Council's declaration that they intend to form a local improvement district.

13.16.040 Resolution and Notice.

A. After the council has approved the report, the council shall declare by resolution its intention to make the local improvement.  This resolution shall include specific findings stating the reasons it is in the public interest to proceed with the local improvement, and any amount property owners will be required to deposit with the city as payment toward city costs. The resolution shall also direct the city engineer to publish notice of the improvement and mail notice to the record owners of the property to be assessed.

B. The published notice shall contain a general description of the project together with (1) a map showing the boundaries of the local improvement district and the lots as shown on the Hood River County Assessor's map, or (2) a general description of all the property to be specially benefited by the improvement, including a list of the owners of the property.  If published notice is given by the method described in subparagraph B(1), the published notice need not contain the items described in subparagraphs C(5) and C(6).


C. The published notice and mailed notice shall state:
1. The report on the improvement is subject to public examination in the Hood River Administration Building;
2. The Council will hold a public hearing on the proposed improvement on a specified date, which shall not be earlier than 10 days following the publication of notice, at which time objections and remonstrances to the improvement will be heard;
3. Except with respect to a sidewalk or an improvement unanimously declared by council to be needed due to an emergency, if there are valid written remonstrances of the owners of two-thirds of the property to benefit specially by the improvement, then no further action to effect the improvement will be taken for six months;
4. The estimated total cost of the improvement to be paid by special assessment;
5. An estimate of the cost to each property specially benefited; and
6. A legal description of the specific property to be specially benefited by the improvement.

D. In the resolution declaring the intent to form a local improvement district, the Council may provide that the engineering and construction work shall be done in whole or in part by the city, by a contract, by another governmental agency, or by any combination thereof.

13.16.050 Hearing.  If at the time of the public hearing on the proposed local improvement the number of valid written remonstrances is from the owners of less than two-thirds of the property that will benefit specially from the improvement, or the improvement is a sidewalk or an improvement unanimously declared by the council to be needed immediately due to an emergency, the council may by motion authorize the improvement to be carried out in accordance with the resolution declaring the local improvement.  This motion may be made at the time of the hearing or within 60 days after the hearing.  Multiple owners of a single parcel have a total of one "vote" and may divide their single "vote" according to ownership percentage.

13.16.060 Preliminary Assessment.  The city may elect to make a preliminary assessment for the local improvement at any time prior to completion of the project.  The preliminary assessment shall follow the procedures for making the final assessment, except that the preliminary assessment shall not be levied by ordinance until completion of the project and the total cost of the local improvement is ascertained.  Upon completion of the project, the city may make a deficit assessment or rebate as provided by Sections 13.16.210 and 13.16.230.

13.16.070 Call for Bids.  The Council may direct the city engineer to advertise for bids for construction of all or any part of the local improvement project on the basis of the approved report, before or after the passage of the resolution declaring the intent to form a local improvement district, before the public hearing on the proposed improvement, or at any time after the public hearing.  No contract for the construction of the improvement may be entered into until after the public hearing has been held. When the proposed project is to be carried out in cooperation with any other governmental agency, the city engineer may adopt the plans, specifications, and estimates of the agency.  Either agency may bid the project.

13.16.080 Financing Resolution.  The Council may provide by resolution for the financing of the local improvement by authorizing warrants or bonds pursuant to the applicable provisions of ORS Chapter 288 and ORS 223.235.

13.16.090 Notice of Proposed Assessment.  After the work is done and the actual cost is known, the council shall decide whether the property benefited shall bear all or a portion of the total cost.  The City Engineer shall prepare the proposed assessment for all property within the assessment district.  The proposed assessment shall be approved by council.  Notice of the proposed assessment shall be mailed to the owner of each property to be assessed.  Each notice shall state the amount of assessment proposed on that property and the date by which objections must be filed with the city manager.  All objections shall be in writing and state the grounds of the objections.

13.16.100 Assessment Ordinance.  The Council shall consider all objections and may adopt, correct, or revise the proposed assessments.  The Council shall determine the amount of the final assessment to be charged against each property within the district, according to the special and peculiar benefits accruing to the property from the local improvement, and shall levy the final assessment by ordinance.

13.16.110 Method of Assessment.  In assessing the costs of the local improvement, the council may:

1. Use any just and reasonable method of determining the extent of an improvement district consistent with the benefits derived;
2. Use any just and reasonable method of apportioning the sum to be assessed among the properties determined to be specially benefited; and
3 Authorize payment by the city of all or part of the cost of the improvement when, in the opinion of the council, the topographical or physical conditions, or unusual or excessive public travel, or other character of the work involved warrants only a partial payment or no payment of the total costs of the improvement by the benefited property.

13.16.120 Alternative Financing Methods.  Nothing contained in Section 13.16.110 shall preclude the council from using any other available means of financing local improvements, including but not limited to city funds, federal or state grants-in-aid, user charges or fees, revenue bonds, general obligation bonds, or any other legal means of finance. In the event that such other means of financing improvements are used, the council may make assessments according to the benefits derived to pay any remaining part of the total costs of the improvement.

13.16.130 Remedies.  Subject to the curative provisions of Section 13.16.250 and the rights of the city to reassess as provided in Sections 13.16.210 and 13.16.220, legal actions may be filed not earlier than 30 days nor later than 60 days after the filing of written objections as provided in Section 13.16.090.  A property owner who has filed written objections with the city manager within the time provided may apply for a writ of review on the grounds that the council acted erroneously, arbitrarily, or exceeded its jurisdiction if the facts supporting the grounds have been specifically set forth in the written objections.  A property owner who has filed written objections with the city manager prior to the adoption of the assessment ordinance may commence an action for equitable relief on the grounds that the city is without jurisdiction.  No provision of this section shall lengthen any period of redemption or affect the running of any statute of limitation.  Any writ of review or legal action shall be abated if the Council acts to remedy or cure the alleged errors or defects.

13.16.140 Notice of Assessment.  Within 10 days of adoption of the assessment ordinance, the city engineer shall cause notice of the final assessment.  The notice shall identify the local improvement for which the assessment is to be made, each lot to be assessed, and the final assessment for each lot.  The notice shall state that the owner of any property to be assessed shall have the right to make application to the city for payment of the final assessment in installments as provided in ORS 223.210.  The notice shall also state that if neither payment in full nor an application for installment payments is made within 20 days from the date of the notice, interest will be charged on the assessment from the date of adoption of the assessment ordinance and the property assessed will be subject to foreclosure.  The notice shall be sent by certified and regular mail or personally delivered to the owner of each lot or parcel to be assessed.  The city may also post the assessments in three public places and/or publish in the newspaper of record.

13.16.150 Bancroft Bonding Act.  The city adopts the definitions contained in ORS 223.001 and shall follow the provisions of Chapter 223 as they relate to local improvements and the Bancroft Bonding Act, ORS 223.205 through ORS 223.295, except for the provisions of ORS 223.285 and 223.730, or to the extent the provisions of state law conflict with Chapter 13.16.

13.16.160 Authority to Issue Bonds.

A. The City Manager shall issue local improvement bonds upon the receipt of eligible applications that total $25,000 or more and if it is in the best interest of the City.

B. The terms of each bond sale shall be not less than 10 years nor more than 20 years and bear an interest rate not greater than 15 percent per year.

13.16.170 Lien Records.  After enactment of the assessment ordinance, the City Recorder shall enter in the docket of city liens a statement of the amounts assessed against each lot, parcel of land, or portion of land, together with a description of the local improvement, the name of the owners, and the number and date of the assessment ordinance. Upon entry in the city lien docket and recording in the county assessor's office, the amount entered shall become a lien against the respective lots, parcels of land, or portions of land that have been assessed for the improvement.  All assessment liens of the city shall be superior and prior to all other liens or encumbrances on property as permitted by state law.

13.16.180 Interest.  Interest shall be charged on all applications to pay assessments for local improvements in installments as provided by state law. The interest rate shall apply to unpaid assessments or installments.  The rate shall be uniform for all assessments within a local improvement district for each bond issue.

13.16.190 Interest Rates and Penalty Fees.  The Council may establish, in the assessment ordinance or by resolution, interest rates and penalty fees on bonded and unbonded assessments.  The interest rate shall take into account the city's financial and administrative costs relating to assessments, issuance of bonds and collection.

13.16.200 Errors in Assessment Calculations.  Alleged errors in the calculation of assessments shall be brought to the attention of the City Manager, who shall determine whether there has been an error in fact.  If the City Manager finds that there has been an error, the City Manager shall recommend to the Council an amendment to the assessment ordinance to correct the error.  Upon adoption of the amendment, the City Manager shall make the necessary correction in the docket of city liens and mail correct notices of assessment to affected property owners.

13.16.210 Deficit Assessment.    

A. If an assessment is made before the total cost of the local improvement is ascertained, and it is found that the amount of the assessment is insufficient to pay the costs of the improvement, the council may by motion declare the deficit and instruct the manager to prepare a proposed deficit assessment.  The Council shall set a time for a hearing of objections to the deficit assessment and direct the City Engineer to give notice according to Section 13.16.140.

B. After a hearing, the Council shall by ordinance make an equitable deficit assessment, which shall be entered in the docket of city liens as provided by Section 13.16.170.  The notice of the deficit assessment shall be published and mailed, and the collection of the assessment shall be made in accordance with Sections 13.16.170 and 13.16.180.

13.16.220 Reassessment.  When an assessment or deficit assessment for any local improvement which has been made by the City is set aside, or its enforcement restrained by any court, or when the council questions the validity of the assessment or deficit assessment, the Council may make a reassessment in the manner provided by state law.


13.16.230 Rebates.  If the assessment levied is greater than the actual costs of the local improvement, the Council shall determine the amount and declare it by ordinance. When so declared, the excess amounts shall be entered on the lien docket as a credit against the appropriate assessment.  If an assessment has been paid, the property owner who paid the assessment shall be entitled to repayment of the excess or the portion that exceeds the amount unpaid on the original assessment.

13.16.240 Abandonment.  The Council may abandon local improvements made under this chapter at any time prior to the completion of the improvements.  If liens have been assessed against any property, they shall be canceled, and any payments made on the assessments shall be refunded.

13.16.250 Curative Provision.  No local improvement assessment shall be invalid because the city engineer’s report fails to contain all of the information required by Section 13.16.020; or because the declaring resolution, the assessment ordinance, the lien docket or required notices do not contain the required information; or by the failure to list the name of, or mail notice to, the owner of any property as required by Sections 13.16.040, 13.16.090 and 13.16.140; or by reason of any other error, mistake, delay, omission, irregularity, or other act, jurisdictional or otherwise, in any of the proceedings or steps specified.  The council may correct all assessments that are unfair or unjust.

13.16.260 Bancrofted Assessments.   

A. Before property owners are issued property related permits, owners must make all Bancrofted assessment accounts current for all their accounts with the city. Bancrofted assessment accounts must be current prior to individual sales of property.
1. Property related permits include development permits, building permits, sewer permits, water permits, stormwater permits, driveway permits, sidewalk permits, and street opening permits.
2. To make a Bancrofted assessment account current, all delinquent principal, interest, and penalty must be paid.

B. For a land division, if the assessment balance is made current, the remaining principal balance of the assessment may be apportioned among the newly created lots according to the percent of benefit to each lot and Section 13.16.280.  The City Manager shall determine the percent of benefit to the newly created lots.  A land division shall include a partition, subdivision, or condominium plat.

13.16.270 Non-Bancrofted Assessments.

A. Non-bancrofted assessments are due in full 30 days after enactment of the assessing ordinance and are subject to foreclosure if not paid within that time.  The city may bid for property at foreclosure sales, which shall be prior to all bids except those by persons entitled to redeem such property under state law.

B. The entire assessment balance on an unpaid, non-bancrofted assessment must be paid in full prior to sale of the property or before the City issues a property related permit.  Property related permits are defined in Section 13.10.260(A)(1).


13.16.280 Apportionment of Final Assessment  Whenever a single tract or parcel of real property shall have been assessed as a single tract or parcel and is subsequently divided into smaller tracts or parcels pursuant to ORS 92.010 to 92.190, as now or hereafter amended, and Titles 16 and 17 of this code, as now or hereafter amended, any owner, mortgagee or lienholder desiring to have the total final assessment apportioned among the smaller tracts or parcels may make an application to the City for a separation of the assessment and a determination of the amount due on the smaller tracts or parcels referenced in the application.

A. No application for apportionment of a final assessment may be made prior to the expiration of the appeal period for the assessment provided in this chapter.

B. When the deed, mortgage or other instrument evidencing the applicant's ownership or other interest in the tract or parcel has not been recorded by the county clerk of the county in which the tract or parcel is situated, the final assessment shall not be apportioned unless the applicant files a true copy of the deed, mortgage or instrument with the city recorder.

C. The application shall be accompanied by a fee established by resolution of the Council.  In addition to the application fee, the applicant shall pay all recording costs.

D. The final assessment shall be apportioned under this section by resolution of the Council.  The resolution shall set out a description of the original single tract or parcel, the amount of the original assessment, a description of each of the smaller tracts or parcels, the amount of the final assessment levied against each smaller tract or parcel, the owner of each smaller tract or parcel, and such other information as required by the city recorder to keep the assessment records. Upon passage of a resolution apportioning an assessment the city recorder shall mail a notice of the apportionment to the owners of each smaller tract or parcel.

E. Apportionment of the assessment among the tracts or parcels shall be made by the City in its sole discretion, according to the same or different methodology as the original assessment.  There shall be no right to object to the validity of the apportionment and any and all errors and irregularities in the original proceedings for assessment shall have been deemed to have been waived.

13.16.290 Foreclosure.  

A. The City will implement collection procedures to collect payment of delinquent assessments.  If efforts to collect delinquent assessments fail, the City may initiate foreclosure proceedings in any manner provided by ORS 223.505 to 223.650, or as otherwise provided by law.  The City Council may establish administrative procedures for foreclosure by resolution.

B. Actual costs for materials and services, and personal services shall be charged to each foreclosure account.  The costs shall be charged as they are incurred during the foreclosure process.


C. A purchaser of real property at a foreclosure sale may incur costs authorized by the city for maintaining or improving the property during the period allowed for redemption.  If the property is subsequently redeemed, the city manager may return to the purchaser all or part of the penalty paid by the person redeeming the property.

 

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CHAPTER 13.17 – REIMBURSEMENT DISTRICTS

Legislative History: Ord. 1849 (7/2003)

Sections:
13.17.010 Definitions
13.17.020 Initiation of Proceedings
13.17.030 City Engineer’s Report
13.17.040 Public Hearing
13.17.050 Determining Reasonable Actual Costs
13.17.060 Obligation to Pay Reimbursement Charge
13.17.070 Right of Reimbursement
13.17.080 Ownership of Public Improvement
13.17.090 Prohibited Conduct
13.17.100 Unpaid Reimbursement Charges

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13.17.010 Definitions.

“Council” means the City Council for the City of Hood River.

“Public Improvement” means a sewer or sewer line improvement, a street or street improvement, a surface water quality or quantity facility, and a water or water line improvement, or any other public improvement authorized and so designated by the Council, any and all of which conform to City standards.

“Person” means an individual or any legal entity, including the City of Hood River.

 “Reimbursement Charge” means the charge imposed pursuant to this Chapter designed to reimburse a person for the costs of financing a public improvement.  The Reimbursement Charge is not intended to limit or replace, and is in addition to, any other existing fees or charges collected by the City. 

“Reimbursement District” means the area benefited by the construction of the public improvement financed in whole or in part by a person without the formation of a local improvement district.  A Reimbursement District may be formed in conjunction with a local improvement district where a person finances a share of the costs of the improvement that is larger than the share that would result from a uniform application of the local improvement district assessment formula to property located in the local improvement district and owned by the person.

“Special benefit” or “specially benefit” mean the value associated with a capital improvement that relates to a particular property to the extent that the property is, or may be, partially relieved of a cost or expense associated with development or construction of the improvement, and which is different in degree from the value or benefit received by the general public.

13.17.020 Initiation of Proceedings.

A. Any person may apply to the City to form a Reimbursement District where the person chooses or is required as a condition of permit approval to construct a public improvement that includes additional or oversized improvements that would or could specially benefit property other than property owned by the applicant.  Examples include, but are not limited to, full street improvements instead of half-street improvements, off-site sidewalks or pathways, off-site traffic signals, connection or extension of street sections for continuity, and extension or oversizing of water, sewer, or storm water management lines.  More than one public improvement may be the subject of a Reimbursement District.
B. The application shall be in writing and shall be accompanied by a nonrefundable processing fee set by Council resolution sufficient to cover the administrative and notice costs of processing the application pursuant to this Chapter.  If the City is the applicant, the fee shall be waived.  The application shall include the following:
1. A description of the location, type, and size of the public improvement, including detailed or as-built plans or drawings showing the location, nature and extent of the public improvement.
2. A narrative explaining why the applicant believes all or part of the cost of the improvement is eligible for reimbursement pursuant to this Chapter.
3. A map showing the properties to be included in the proposed district, including the City zoning designation, tax lot numbers, owners of the properties, according to the current records of the County Assessor’s office and their mailing addresses, the square footage or frontage of the properties, and identification of the properties owned by the applicant, if any.
4. Detailed costs of the public improvements to be reimbursed.  If the application is filed after construction, the application shall include the actual costs of construction as evidenced by a contract, receipts, bids or other similar documents.  If the application is filed prior to construction, the application shall include the estimated costs of the improvements as evidenced by bids, cost and labor projections, or other similar evidence satisfactory to the City Engineer.
5. A proposed methodology for spreading the cost among the properties within the Reimbursement District and, where appropriate, defining a “unit” for applying the Reimbursement Charge to property that may, subject to City approval, be partitioned, adjusted or subdivided at a future date.
6. The date that the City accepted the public improvements or the date on which they are estimated to be complete.
7. A signed Construction Agreement on a form provided by the City.
8. Any other relevant information required by the City Engineer.
C. The application to form a Reimbursement District shall be made no later than 180 days after completion and written acceptance by the City of the public improvement, or no later than 180 days after the effective date of annexation for the properties to be included in the proposed district.  No application to form a Reimbursement District will be accepted after three (3) years after completion and acceptance by the City of the public improvement.

13.17.030 City Engineer’s Report. Upon receipt of a complete Reimbursement District application, as determined by the City Engineer, the City Engineer shall review the request for the establishment of a Reimbursement District and prepare a report containing the City Engineer’s recommendation to be submitted to the Council within 30 days after receipt of the complete application.  The report shall include the following information:

1. An explanation as to why the applicant is or is not qualified for reimbursement pursuant to this Chapter.
2. A description of the proposed area for the Reimbursement District.  The description shall indicate whether properties located in the Urban Growth Area should be considered for inclusion in the Reimbursement District upon annexation.
3. An estimate of the actual total costs of the public improvement and the portion of the cost for which the applicant should be reimbursed in accordance with this Chapter.
4. The extent to which the improvement have or will relieve other property owners or developers of the need to construct some or all of the improvement and whether or not the properties within the proposed Reimbursement District would be required, as a condition of approval for future development, to construct some or all of the improvement.
5. A methodology for spreading the cost among the properties within the Reimbursement District and, where appropriate, defining a “unit” for applying the Reimbursement Charge to property that may, subject to City approval, be partitioned, adjusted or subdivided at a future date.  The methodology should consider the cost of the improvements, prior contributions of property owners (only if for the same type of improvement at the same location), the value of the unused capacity, rate making principles employed to finance public improvements, and other relevant factors.
6. A proposed Reimbursement Charge for the District.

13.17.040 Public Hearing.

A. The Council shall schedule a public hearing within a reasonable time following receipt of the City Engineer’s report at which the Council shall consider the application, the City Engineer’s report and any testimony or evidence presented concerning the proposed Reimbursement District.  The hearing shall be for informational purposes and any person may present testimony generally and ask questions regarding the proposed Reimbursement District.  The Mayor may impose reasonable time limits on testimony.
B. The City Recorder shall cause notice of the public hearing to be mailed by regular mail at least 14 days prior to the date set for the hearing to the applicant and to all property owners within the proposed Reimbursement District as shown on the most recent assessment roll in the possession of the County Assessor’s office.  Notice shall be deemed effective on the date of mailing.  Failure to receive notice by the applicant or any affected property owner shall not invalidate or otherwise affect the formation of the Reimbursement District.  The notice shall:
1. State that a Reimbursement District has been proposed that includes the property of the person receiving the notice;
2.  Briefly describe the Reimbursement District, the type of public improvement to be reimbursed, the amount of the Reimbursement Charge, and the circumstances under which the charge must be paid;
3. Include a copy of the City Engineer’s report;
4. State that any person may appear and be heard; and
5. State the date, time and location of the hearing.
C. Following close of public testimony, the Council may request comments from staff and may direct questions to staff regarding the proposed Reimbursement District.  The Council may, in its sole discretion, approve, reject or modify the proposed Reimbursement District as set forth in the City Engineer’s report.  The final decision shall be made upon adoption of a formal written resolution. A resolution approving formation of a Reimbursement District shall incorporate the City Engineer’s report including modifications, if any, and shall address the following:
1. Whether the properties against which the Reimbursement Charge is proposed to be established are or will be specially benefited by the public improvement.
2. Whether the costs for which the Reimbursement Charge is sought are based upon improvement construction contract documents or other appropriate information provided by the applicant and the extent to which the costs exceed prevailing market rates for similar projects.
3. Whether the method of apportionment is reasonably calculated to reflect the special benefits each property received from the improvement.
4. Whether the annual percentage rate multiplier to be applied to the cost of construction reasonably reflects prevailing market rates. The date of the resolution forming the Reimbursement District shall be considered the date the District was formed.
D. When the applicant is other than the City, the resolution shall instruct the City Manager to enter into an agreement with the applicant pertaining to the Reimbursement District improvements.  If the agreement is entered into prior to construction, the agreement shall be contingent upon the public improvements being accepted by the City.  The agreement shall contain at least the following provisions:
1. The public improvement(s) shall meet all applicable city standards.
2. The total amount of potential reimbursement to the applicant.
3. The total amount of potential reimbursement shall not exceed the actual cost of the public improvement(s).
4. The annual fee adjustment set by the Council, if any.
5. The applicant shall guarantee the public improvement(s) for a period of 12 months from the date of installation.
6. The applicant shall defend, indemnify, and hold harmless the City form any and all losses, claims, damage, judgments or other costs or expenses arising as a result of or related to the City’s establishment of the district, including the City’s costs or expenses related to collection of the Reimbursement Charges pursuant to this Chapter.
7. Any other provisions the Council determines necessary and proper to carry out the provisions of this Chapter.
E. Following adoption of the resolution establishing the Reimbursement District, the City Recorder may cause a copy of the resolution to be recorded in the County Assessor’s office to provide public notice of the Reimbursement Charge applicable to the properties within the Reimbursement District.  The recording shall not create a lien.  A copy of the resolution shall be sent by regular mail to the owners of the subject properties and to any other person who may have requested a copy.  Failure of the City to record, send a copy of the resolution to a person or property owner, or failure of a person or property owner to receive the copy, shall not invalidate any proceeding in connection with the establishment of a Reimbursement District.
F. No legal action intended to challenge or contest the formation of the Reimbursement District or the methodology or amount of the Reimbursement Charge shall be filed after sixty (60) days following formation of the Reimbursement District pursuant to this section.

13.17.050 Determining Reasonable Actual Costs.

A. The applicant shall not be entitled to reimbursement for any costs in excess of the reasonable actual costs.  If the Reimbursement District is formed before the actual costs are known, the City Engineer’s report and the Council’s decision may be based on estimated costs.  If estimated costs are used, the methodology or the certificate of payment, or both, shall provide for a recalculation of the cost no later than three months after completion and acceptance of the improvement by the City.  An applicant shall demonstrate actual costs by submitting contracts, invoices, or such other documentation the City Engineer or Council deems sufficient.  Actual costs shall not be deemed reasonable if the Council determines that the costs significantly exceed prevailing market rates for similar projects.  If the Council finds that the actual costs are not reasonable, the Council may reduce the reimbursable costs to the prevailing market rate for similar projects.
B. The following costs shall not subject to reimbursement:
1. Costs for that portion of the public improvement that specially benefits the applicant’s property.
2. Costs for the improvement that are not dedicated to and accepted by the City as a public improvement.
3. Costs for a public improvement that is required as a condition of development approval, except in cases where the nature and degree of the public improvement is disproportionate to the impacts of the development or where the City desires an oversized or additional improvement beyond that which is roughly proportional to the impacts of the development.
4. Costs other than the costs of construction. Costs of construction may include the reasonable acquisition and condemnation costs of acquiring off-site right-of-way and/or easements, engineering services as demonstrated by invoice, and the estimated annual percentage increase in such costs over the ten years during which the Reimbursement District will be in effect.  Engineering may include surveying and inspection, and shall not exceed 13.5 percent of the total eligible construction costs.
5. Costs for the relocation of electrical, telephone, cable television or natural gas utility that benefit the applicant’s property.
6. Costs for extra work and materials required to correct design deficiencies in construction to bring the improvement to City standards.
7. Costs for public improvements that are the minimum size necessary to meet City standards and serve the applicant’s property.
8. Costs for a minor street alignment, except for the cost of right-of-way acquisition beyond the limits of the applicant’s frontage along the improved street.
9. Costs attributable to profit or overhead of the person making the application.
10. Costs for improvements for which no application for a Reimbursement District has been received by the City within 180 days from the date of the City’s acceptance of the improvements.  Reimbursement Charges may not be applied retroactively upon benefited properties that have applied for development or connected to the improvement within the six (6) months immediately preceding the City’s approval of a Reimbursement District application, or that have connected to or otherwise utilized the improvement before the City’s approval of the application.
11. All costs where the applicant has received a credit against impact fees, SDC’s or other connection fees for the same type of improvement.
12. Except with respect to the cost of traffic control signals, street improvement costs shall be recoverable only from those properties that lie adjacent or contiguous to a street improvement that would otherwise be required to be constructed, or a portion of which would otherwise be required to be constructed, by the adjacent or contiguous property upon development.
C. Nothing in this Chapter shall require inclusion of City-owned property within a Reimbursement District unless the Reimbursement District was established prior to the City’s acquisition of the property.  Property that is dedicated or conveyed to the City for public right of way purposes may or may not be included in a Reimbursement District as determined by the Council.

13.17.060 Obligation to Pay Reimbursement Charge.

A. An owner of property within any Reimbursement District shall pay to the City, in addition to any other applicable fees and charges, the Reimbursement Charge when any of the following events occur within ten (10) years from the District formation date:
1. A use of the property is expanded to create additional “units” as that term is defined in the City Engineer’s report.
2. A building permit that will use or increase the use of a public improvement.
3. A connection to a public improvement or otherwise use of a public improvement that will increase the use of the public improvement.
B. “Increase the use” means:
1. For sanitary sewer or storm sewer improvements, to make a physical change, following construction of the improvement for which the District was formed, that requires a building or development permit on the property that increases the volume discharged into the line.
2. For water improvements, to make a physical change, following construction of the improvement for which the District was formed, requiring a building or development permit on the property that increases the amount of water used.
3. For street improvements, to make a physical change, following construction of the improvement for which the District was formed, requiring a building or development permit on the property that increases the trips on the street or creates a new entrance onto the street.
C. The Reimbursement Charge is due and payable in full, or provision for installment payments or other acceptable security has been made, and payment is a precondition to receiving the first City permit applicable to the development activity, or, in the case of a connection to a line, as a precondition to receiving the connection permit.
D. A person who becomes obligated to pay the Reimbursement Charge as the result of a connection to a line constructed through the local improvement district process and who owns property within the local improvement district against which an assessment is levied may also be assessed a Reimbursement Charge as an added portion of the local improvement district assessment.
E. Inclusion in a Reimbursement District and payment of a Reimbursement Charge may be made a condition of approval of annexation of property.
F. No person shall be required to pay a Reimbursement Charge on an application or upon property for which the Reimbursement Charge has been previously paid, or for which a Proportionate Contribution, as defined in Chapter 3.20, has been previously paid, unless payment was for a different public improvement.


13.17.070 Right of Reimbursement. 

A. The right to reimbursement under this Chapter is transferable and assignable after the applicant or their assignee delivers written notice to the City advising the City to whom future payments must be made. 
B. No City officer or employee or agent, acting in their official capacity, shall be liable for payment of any Reimbursement Charge, accrued percentage rate or portion thereof.  Only those payments that the City has received from or on behalf of properties within a Reimbursement District shall be payable to the person holding the right to reimbursement.  The City’s general fund or other revenue sources shall not be liable for or subject to payment of outstanding but unpaid Improvement Finance Charges.
C. Upon receipt of a Reimbursement Charge, or portion thereof, the City shall record the payment on the City lien docket with respect to the property for which the payment is made.  Within ninety (90) days of receipt, the City shall remit the funds to the person holding the right of reimbursement, less an amount equal to a certain percentage of the payment, to be set by Council resolution, for the cost of administration of the program by the City.
13.17.080 Ownership of Public Improvement.  Public improvements installed pursuant to Reimbursement District agreements shall become and remain the sole property of the City.

13.17.090 Prohibited Conduct.

A. No person may cause or maintain a connection to, or use property or a public improvement thereon for which a Reimbursement Charge has been established and which is due and payable, unless the Charge has first been paid.
B. Violation of this section is a civil infraction, punishable by a fine not to exceed $500.  Each day that a prohibited connection or use exists constitutes a separate violation.
C. The remedies provided under this section are cumulative to any other remedies provided by law.


13.17.100 Unpaid Reimbursement Charges.  Whenever the full Reimbursement Charge has not been paid and collected for any reason after it is due, the City Manager shall report to the Council the amount of the uncollected reimbursement, the legal description of the property on which the Reimbursement Charge is due, the date when the Reimbursement Charge was due and the name of the property owner.  The Council shall then set a public hearing date and direct the City Manager to give notice of the public hearing to each of the property owners, together with a copy of the City Manager’s report concerning the unpaid Reimbursement Charges.  The notice may be either by certified mail or personal service.  At the public hearing, the Council may accept, reject, or modify the City Manager’s report.  If the Council determines that a Reimbursement Charge is due but has not been paid for whatever reason, the City may take any action including all legal or equitable means necessary to collect the unpaid amount.  An unpaid Reimbursement Charge shall prohibit any issuance of permits by the City for the property.

 


CHAPTER 13.18 – ECONOMIC IMPROVEMENT DISTRICTS

Legislative History: Ord. 1780 (1999)

Sections:
13.18.010 Purpose
13.18.020 Definitions
13.18.030 Restrictions
13.18.040 Initiation
13.18.050 Notice of Council Hearing
13.18.060 Hearing
13.18.070 Establishing EID
13.18.080 Assessment and Participant Fee Notice and Hearing
13.18.090 Final Property Assessment/Fee Ordinance
13.18.100 Notice of Property Assessment
13.18.110 Notice of Participant Fee
13.18.120 Lien Record and Foreclosure Proceedings for Property Assessments
13.18.130 Amendments
13.18.150 Reapportionment
13.18.160 Expenditure of Property Assessments and Participant Fees

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13.18.010 Purpose. The City Council has determined that it is reasonable and necessary to allow the establishment of Economic Improvement Districts in order to make economic improvements and to assess the cost of these improvements to the benefited property in the district, and/or collect the cost of these improvements from benefited businesses in the district.

13.18.020 Definitions.  As used in this ordinance, the following terms shall have the following meanings:

Economic Improvement.  The meaning as set forth in ORS 223.112, as it may be amended from time to time.

EID.  An Economic Improvement District created or proposed under this ordinance.

Economic Improvement Plan.  A plan prepared by the property or business owner(s) within the proposed district, or their designee(s), setting out:

1. A description of economic improvements proposed to be carried out;
2. The number of years, to a maximum of five, in which assessment are proposed to be levied and/or participant fees are proposed to be collected;
3. A preliminary estimate of the total cost of the proposed economic improvements;
4. The proposed boundaries designated by map or perimeter description of an economic improvement district within which subject properties would be assessed and/or businesses from whom participant fees would be collected to finance the cost of the economic improvement;
5. The proposed formula for assessing the cost of economic improvements against properties in the district, which may be based on the assessed value of the property, the square footage, or other fair method of apportionment, and/or establishing the participant fee on any business, trade, occupation or profession carried on or practiced in the economic improvement district, or both such property assessment and participant fee; and
 
6. A statement whether a property assessment will be a voluntary assessment or mandatory assessment; and
 (a) if voluntary, that the scope and level of improvements could be reduced depending on the amount of money collected; or
(b) if mandatory, that the assessment will be considered a tax under the Oregon Constitution, Article XI Section 11(b) and may be reduced to fit within the property tax limitation thereby affecting the level and scope of services described.

Lot.  A lot, block or parcel of land.

Owner.  The record holder of legal title or the purchaser where land is being purchased under a land sale contract recorded or verified in writing by the record holder of legal title to the land.

13.18.030 Restrictions.  No Economic Improvement District shall be formed which would:

A. Levy property assessments in an economic improvement district in any year that exceeds one percent (1%) of the true cash value of all the real property located within the district.

B. Include within an economic improvement district any area of the City that is not zoned for commercial or industrial use.

C. Levy assessments on residential real property or any portion of a structure used for residential purposes.

13.18.040 Initiation.


A. An EID may be initiated:
1. By the Council on its own motion;
2. Upon petition of one or more owners of property or businesses to be benefited specifically by the improvement; or
3. As part of a master economic development plan prepared by or for the City.

B. If a petition is filed, it shall include the proposed economic improvement plan. The City shall prepare the proposed economic improvement plan for EIDs initiated pursuant to (A)(1) and (A)(3) above.

C. Upon initiation of an EID, the Council shall schedule a public hearing to be held on the question of establishment of the district. 

13.18.050 Notice of Council Hearing.  Not later than 30 days prior to the date of the public hearing required in Section 13.18.040(C) above, notice of the public hearing shall be mailed or delivered personally to affected property owners and/or business owners within the proposed district boundaries.  The notice shall state the proposed intention to construct or undertake the economic improvement project and to assess benefited property or impose a participant fee for a part or all of the cost.  The notice shall state the time and place of the public hearing, and that a copy of the economic improvement plan is available for review from the City Recorder.


13.18.060 Hearing.

A. At the public hearing the proposed economic improvement plan shall be presented.

B. Affected property or business owners shall have the opportunity to appear in person or in writing at the hearing to support or object to the proposed EID.

C. The Council may continue the hearing as it deems necessary.

13.18.070 Establishing EID.

A. After the hearing held pursuant to Section 13.18.060, the Council may determine that the EID shall be formed, as proposed or as modified by the Council, if the Council determines that the economic improvements would afford special and peculiar benefit to property and/or businesses within the economic improvement district different in kind or degree from that afforded to the general public.

B. If the Council determines that an economic improvement district shall be formed the Council shall do so by ordinance.  The Council shall then determine whether the property and/or businesses benefited shall bear all or a portion of the cost and, based on the actual or estimated cost of the improvement, a method of assessing the cost of the improvement.  The Council may:
1. Use any just and reasonable method to determine the boundaries of an economic improvement district consistent with the benefits derived.
2. Use any just and reasonable method to apportion the sum to be assessed among the benefited properties and/or businesses.
3. Authorize payment by the City of all or part of the cost of an improvement when in the opinion of the Council the topographical and physical conditions, unusual or excessive public travel, or other character of the work warrants only partial payment or no payment of the cost by owners of benefited properties.

C. Nothing contained in this section shall preclude the Council from using other means of financing improvements, including federal and state grants-in-aid, revenue bonds, general obligation bonds, or other legal means of finance.  If other means of finance are used, the Council may assess according to benefits derived to cover any remaining cost.

13.18.080 Assessment and Participant Fee Notice and Hearing.

A. The ordinance establishing the EID shall require notice of the proposed assessment and/or participant fee to be mailed or personally delivered to the owner of each lot proposed to be assessed, at the address shown on the Hood River County Tax Assessor’s roll, or to the business to be charged The notice shall state the amount of property assessment proposed on the property or participant fee proposed on the business, and fix a date and time by which written objections shall be filed with the City Recorder.  The notice shall state the time and place of a second public hearing at which affected property or business owners may appear and submit written statements to support or object to the proposed property assessment or participant fee.  Objections shall state grounds for objection.  The hearing shall not be held sooner than 30 days after the mailing or personal delivery of notices.

B. The ordinance shall also provide that the assessments and fees will not be made and the economic improvement project terminated when objections in writing as specified in the notice at the public hearing are received from owners of property upon which more than thirty-three percent (33%) of the total amount of assessments is to be levied or if a participant fee is charged, from more than thirty-three percent (33%) of persons conducting business within the EID who would be subject to the proposed fee.

C. At the hearing the Council shall consider objections and may adopt, correct, modify or revise the proposed property assessments or participant fees.

D. Notwithstanding any other provision of law, an owner of property who fails to submit a written objection as provided above shall be deemed to have made a specific request for the economic improvement services to be provided during the period of time specified in the final assessment ordinance.

13.18.090 Final Property Assessment/Fee Ordinance.  If written objections in the requisite thirty-three percent (33%) are not received as provided above, the City Council may adopt a final ordinance levying the appropriate property assessments or participant fee. The Council may choose not to include any lot or parcel of property if the owner of that property submitted written objection at the public hearing.

13.18.100 Notice of Property Assessment.

A. Within ten (10) days after the ordinance levying property assessments has been passed, the City Recorder shall send a notice of property assessment to each owner of assessed property by certified mail.

B. The notice of property assessment shall include the name of the property owner, a description of the assessed property, the amount of the assessment, and the date of the assessment ordinance, and shall state that interest will begin to run on the assessment and the property will be subject to foreclosure unless the owner either makes application to pay the assessment in installments within ten (10) days after the date of the publication of notice or pays the assessment in full within sixty (60) days after the effective date of the assessment ordinance.

13.18.110 Notice of Participant Fee.  Within ten (10) days after the ordinance levying a participant fee on a business has been passed, the City Recorder shall send a notice of the participant fee to each assessed business in the district by certified mail.  The notice shall state the amount of the participant fee and when and where it shall be paid.

13.18.120 Lien Record and Foreclosure Proceedings for Property Assessments.

A. Upon adoption of the ordinance adopting a property assessment, the City Recorder shall enter into the docket of liens a statement of the amount assessed on each lot, a description of the improvement, names of property owners, and the date of the assessment ordinance.  On entry into the lien docket the amounts shall become liens and charges on the lots that have been assessed for improvement.

B. Assessment liens of the City shall be superior and prior to all other liens or encumbrances on property insofar as state law permits.

C. Starting thirty (30) days after the effective date of the assessment ordinance, the property assessment shall accrue interest at the rate set by the Council, and the City
 
may foreclose or enforce collection of assessment liens in the manner provided by state law.

D. The City may enter a bid on property being offered at a foreclosure sale.  The City shall have priority over all bids except those made by persons who would be entitled under state law to redeem the property.

13.18.130 Amendments.

A. When the Council considers it necessary to levy property assessments or impose participant fees upon property or businesses in an economic improvement district for longer than the original period of time specified in the ordinance that created the district, the Council shall enact an ordinance that provides for continued property assessments or participant fees for an additional specified number of years (not to exceed three (3) years) and grants to property and/or business owners in the district the notice and right to object pursuant to Section 13.18.080.

B. When the Council considers it necessary to expand the boundaries of the district, the City shall provide each new property or business owner with notice and the right to object as specified in Section 13.18.050 of this Chapter.  If the Council decides to alter the boundaries, it shall do so by ordinance.

13.18.140 Reapportionment. 

A. When there has been an approved division of a parcel and that parcel has outstanding a property assessment remaining wholly or partially unpaid, and full payment or an installment payment is not due, then any owner, mortgagee, or lien holder of any property affected by the division may apply for a reapportionment of the property assessment.  The Council shall reapportion the property assessment by resolution, and that resolution shall be filed with the lien docket.  Where the property assessment is being paid in installments, the installments remaining unpaid shall be prorated among those smaller parcels so that each parcel shall be charged with the percentage of the remaining installment payments equal to the percentage of the unpaid property assessment levied on the parcel upon apportionment.  Reapportionment shall be on the same basis as the original property assessment.

B. Reapportionment of a participant fee, if any, will be addressed in the assessment ordinance.

13.18.150 Expenditure of Property Assessments and Participant Fees. 

A. Money derived from property assessments and participant fees imposed under this Chapter shall be spent only for economic improvements described in the economic improvement plan and for the costs of City administration of the EID, including formation expenses.

B. An assessment ordinance adopted under this Chapter may require creation of an advisory committee for each EID to recommend to the council, from time to time, how expenditures of moneys for economic improvements pursuant to the economic improvement plan shall be allocated.  The Council shall consider the recommendations and may, by resolution, amend the expenditure provisions of the assessment ordinance.  If an advisory committee is created, the Council shall, in appointing members to the committee, give strong preference to those property owners and business owners within the EID.

 

CHAPTER 13.20 – SIDEWALK MAINTENANCE

Sections:
13.20.010 Owner responsibility and liability
13.20.020 Notice of disrepair
13.20.030 City repair—Lien

Legislative History: Ord. 1333 (1973); Ord. 1826 (2002); Ord. 2010 (2013) 

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13.20.010 Owner Responsibility and Liability.  It shall be the duty of the owner or owners of the property abutting or adjoining the streets within the city to maintain the sidewalks and curbs extending along, in front of, abutting or adjoining the property in a safe and serviceable condition.  All such owners shall be liable for all personal and property damage resulting or arising from the owners failure to maintain the sidewalk or curb in a safe and serviceable condition regardless of whether the city gave notice of disrepair as allowed by Section 13.20.020.  For purposes of this Section, sidewalk "maintenance" means the repair or replacement of any cracked, broken or uneven sidewalk sections with a gap, crack or drop of one inch or more.  For purposes of this Section, sidewalk “maintenance” shall also include the maintenance of tree wells located in the sidewalk and is limited to keeping tree wells free of weeds, debris and trash and keeping the surface of the tree well level with adjoining sidewalk so as not to create a tripping hazard.  The City shall be responsible for the cost to repair any city electrical outlets situated in tree wells. 

13.20.020 Notice of Disrepair.  Whenever any sidewalk or curb has deteriorated to such an extent as to render the same unserviceable or unsafe, the city engineer shall give notice of such condition by personally serving a printed or written notice upon the owner or owners thereof; or if such personal service cannot be made on the owner or owners, similar service shall be made upon the person or persons living in or upon such premises; or if such premises be vacant, then upon the person or persons having charge and custody of such premises; or if service of notice cannot be made upon any of the persons named in the manner above provided, then by posting the notice in a conspicuous place upon the premises; and in all such cases where notice is not made personally upon at least one of the owners, a copy of the notice shall be mailed to the owner or owners of record at their address as shown by county tax records. Such notice shall demand that such defective sidewalk or curb or both shall be repaired or rebuilt as shall be required to make the same both serviceable and safe within the time stated, which time shall not be less than twenty four hours nor more than thirty days; or if the same is not so done within the time set forth in the notice, the city shall proceed to repair or rebuild such sidewalk or curb or both, and assess the cost thereof to the property; and the same shall be a lien upon such premises under the authority and in the manner contained in this chapter.  Any such sidewalk or curb or both shall, when so repaired and rebuilt, conform to any rules, regulations or requirements for the same then in force within the city. 

13.20.030 City Repair - Lien.  If, within the time fixed in such notice, as prescribed in Section 13.20.020, such sidewalk or curb or both have not been rebuilt or repaired as required by such notice, then the city engineer shall cause such sidewalk or curb to be rebuilt or repaired and placed in good condition to meet the standards required by the city.  The city shall then cause the costs of such repair and placing in good condition to be charged against the lot, lots or tracts of land abutting such sidewalk and curb, or either, and to be a municipal lien as provided in the same manner as in an assessment for street improvement. Such assessment shall be declared by ordinance and shall be entered in the docket of city liens, and shall thereupon become a lien against the property; and the creation of such lien and the collection and apportionment of such lien shall be done and performed substantially in the same manner as in the case of the costs of street improvements, but irregularities or informalities in the procedure shall be disregarded. 

 

 

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CHAPTER 13.24 – OBSTRUCTIONS

Sections:
13.24.010 Person defined
13.24.020 Flags, banners and signs--Permit required--Exceptions
13.24.030 Flags, banners and signs--Not to endanger traffic
13.24.040 Flags, banners and signs--Height above sidewalk--Construction standards
13.24.050 Protection of premises set below grade
13.24.060 Removal of dirt or earth
13.24.070 Permit required to stack wood
13.24.080 Abatement of obstructions
13.24.090 Violation—Penalty

13.24.010 Person Defined.  The word "person," as used in this chapter, means every individual, firm, company, co-partnership, association or corporation.  (Ord. 840, 1939)

13.24.020 Flags, Banners and Signs - Permit Required - Exceptions.  It is unlawful for any person to install, erect, construct or suspend any sign, flag, banner or advertisement over or upon any public sidewalk, street, alley or thoroughfare without a written permit from the city manager or his designee and comply with Chapter 17.13 of this code. (Ord 1728, 1996; Ord. 840, 1939)

13.24.030 Flags, Banners and Signs - Not to Endanger Traffic.  All signs, banners, flags, or advertisements mentioned in Section 13.24.020 installed, erected and maintained over and across any public street or alley shall be installed, erected and maintained at a distance of not less than fifteen feet above any such public street or alley and shall be so installed, erected, constructed and maintained as not to endanger traffic.  Such signs, flags, banners or advertisements shall be erected and maintained in a substantial manner and attached and securely fastened to a support or structure sufficiently strong to prevent the collapse or falling thereof or to in any way endanger the public.  (Ord. 840, 1939)

13.24.040 Flags, Banners and Signs - Height Above Sidewalk - Construction Standards.  All signs, banners, flags, or advertisements mentioned in Sections 13.24.020 and 13.24.030, extending over or upon any public sidewalk, shall be erected and maintained at a distance of not less than ten feet above such sidewalk, and all electrical display signs and other signs shall be of substantial construction and shall be attached to or suspended from iron supports securely fastened to a substantial building or structure in such a manner as to prevent the collapse or falling thereof or to in any way endanger the public.  (Ord. 840, 1939)

13.24.050 Protection of Premises Set Below Grade.  It is unlawful for any person to permit, allow or suffer any premises set below the grade of the public street or thoroughfare to remain unprotected by a suitable railing or barricade around the portion of such premises adjacent to any public sidewalk, street or thoroughfare.  (Ord. 840, 1939)

13.24.060 Removal of Dirt or Earth.  It is unlawful for any person to fail or neglect to remove any dirt or earth from any public sidewalk in front of or adjacent to the premises owned or occupied by him.  (Ord. 840, 1939)


13.24.070 Permit Required to Stack Wood.  It is unlawful to pile, stack or cord any wood on any public side walk, alley or thoroughfare to be sold or offered for sale without a written permit from the City Manager or his designee.  (Ord 1728, 1996; Ord. 840, 1939)

13.24.080 Abatement of Obstructions.  In case any of the structures, installations or obstructions mentioned in this chapter become in such a state of disrepair or become dangerous and unduly hazardous to the public, they may be declared a public nuisance and abated in the manner provided for the abatement and removal of public nuisances. (Ord. 840, 1939)

13.24.090 Violation - Penalty.  Any person violating any of the provisions of-this chapter, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment in the city jail not less than two days nor more than twenty days.  (Ord 1728, 1996; Ord. 840, 1939)

 

 

CHAPTER 13.28 – ACCESS SPACING, DRIVEWAYS AND CURB CUTS

Legislative History: Ord 1816 (2001); Ord. 1728 (1996); Ord. 1443 (1979); Ord. 902 (1948); Ord. 2002 (2011)

Sections:
13.28.010 Service driveway defined
13.28.020 Permit--Required--Application requirements
13.28.030 Permit Issuance for driveways
13.28.040 Access Spacing for Streets
13.28.050 Concrete construction required
13.28.060 Permit--Fees
13.28.070 Conditions of issuance of permit
13.28.080 Nonconformance--Notice to alter
13.28.090 Nonconforming Access Frontage
13.28.100 Violation—Penalty

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13.28.010 Service Driveway Defined.  As used in this chapter, the term "service driveway" means and includes all driveways constructed and installed in or over any portion of a public street for use by the public for traveling from a public street to and upon private property. 

13.28.020 Permit - Required - Application Requirements.  It is unlawful for any person, firm, corporation or association, to construct or install any service driveway across any sidewalk, parking strip, curb or in or upon any part of any street without first obtaining a permit from the City Engineer or their designee.  Any person, firm, corporation or association desiring to construct or install a service driveway shall make application in writing, to the City Engineer or their designee for a permit, and such application shall state the location of the proposed service driveway, a description of the property in front of which such driveway is to be constructed or installed, the kind of material proposed to be used in the construction of such driveway, the width of the proposed driveway, and such other data and information as the City Engineer or their designee may require before issuance of a permit.

13.28.030 Permit Issuance for Driveways

A. For service drive ways on property frontages of one hundred feet or less where the City Engineer or their designee finds that such driveways are not a menace to the safety of the city and will not seriously affect the parking area in that portion of the city where such driveway is proposed to be constructed and in line with the provisions of Section 13.28.020, the City Engineer or their designee shall issue a permit therefore.

B. If only one service driveway is desired, the maximum width shall be as follows:

Property Frontage Maximum Width of Cuts
Less than 16 feet  8 feet
16 to 30 feet  53 percent of width
31 to 50 feet  26 feet with ramps
51 to 75 feet  31 feet with ramp
Over 75 feet   36 feet with ramps

C. In other than residential zones (R l, R 2, R 3 as set forth in the city's zoning ordinance on file in the office of the city recorder) of the city, only one service driveway shall be allowed for a frontage up to fifty feet. For frontages in nonresidential zones over fifty feet and less than one hundred feet, if two service driveways are desired the maximum width of each driveway shall be not more than twenty five feet and not more than two such twenty-five foot driveways shall be permitted within that frontage. If service driveways less than twenty five feet in width are desired, three ten foot driveways will be permitted for each one hundred feet or more of frontage.

D. For any frontage in excess of one hundred feet, each additional one hundred feet or fraction thereof shall be considered as a separate frontage, any service driveway in excess of the above maximum width must receive the approval of the council.

E. Only one service driveway will be allowed for frontage of less than fifty one feet for residential properties in the R l, R 2, R 3 zone areas of the city except when the City Engineer finds that a residential property has unusual or severe access problems, he may allow two driveway cuts of not more than twelve feet each.

F. On a frontage in cases of more than fifty one feet and less than seventy five feet, two driveways of not more than fifteen feet each may be allowed.

G. In no event shall any two driveways be allowed which do not provide twenty two feet of straight curb to separate driveways under one ownership.

H. In cases where driveways are constructed on corner lots no driveway shall be built closer than three feet from the crosswalk at the curbline.

I. In all cases the City Engineer or their designee shall have the right to determine the location of each such driveway with reference to lot lines keeping in mind the use of the street, public safety, necessity for maximum parking space on street and the use for which the driveway is intended and the premises to be served.

J. The term "frontage" as used in this section shall be considered the boundary of private property abutting upon the city street line. 

13.28.040 Driveways and Public Street Access Spacing Standards.  Driveway accesses shall be separated from other driveways and street intersections in accordance with the following standards and procedures:

A. Local Streets.  A minimum of 22 feet separation (as measured by straight curb between access points) shall be required on local streets (i.e. streets not designated as collectors or arterials).

B. Arterial and Collector Streets.  Access spacing on collector and arterial streets, and intersections shall be determined based on the policies and standards contained in the City’s Transportation System Plan and Manual for Uniform Traffic Control Devices.  Access to state highways shall be subject to the requirements of the Oregon Highway Plan and OAR Chapter 734, Division 51.

C. Special Provision for all Streets.  Direct street access may be restricted for some land uses.  For example, access consolidation, shared access, and/or access separation greater than that specified, may be required by the City or ODOT for the purpose of protecting the function, safety and operation of the street for all users.  Where no other alternative exists, the permitting agency may allow construction of an access connection along the property line farthest from an intersection.  In such cases, directional connections (i.e., right in/out, right in only, or right out only) may be required.  New connections shall not be permitted within the functional area of an intersection or interchange, unless no other reasonable access to the property is available.

The standards for driveway and street spacing on local public streets are established in Table 8 of the Transportation System Plan and are included below as Table 13.28-A.

 

Table 13.28-A: City of Hood River Access Management Spacing Standards a, b, c

Street Classification

Spacing Between Public Streets (Min.-Max.)

Minimum Spacing Between Driveways and Other Driveways or Public Streets d

Minor Arterial Street

660-1,000 feet

300 feet

Collector Street

220-440 feet

100 feet

Local Street

200 feet

22 feet


a Exceptions may be made by the City Engineer
b Measured centerline to centerline
c Public streets within the IAMP Overlay Zone are subject to the standards in [new] Section 17.20.030.D.
d Private access to arterial roadways shall only be granted through a requested variance of access spacing standards when access to a lower classification facility is not feasible.

The standards for street spacing on state highways in the Hood River Urban Growth Boundary (UGB) are established in the Oregon Highway Plan and OAR Chapter 734, Division 51. Standards for District highways are presented below in Table 13.28-B.

Table 13.28-B Oregon Highway Plan Access Management Spacing Standards

Facility

Access Spacing Standard a per Posted Speed (Urban Area  b)

 

>= 55 mph

50 mph

40 & 45 mph

30 & 35 mph

<= 25 mph

District Highway c

700 feet

550 feet

500 feet

350 feet

350 feet


a Measurement of the approach road spacing is from center to center on the same side of the roadway.
b The Urban standard applies within UGBs unless a management plan agreed to by ODOT and the local government(s) establishes a different standard.
c OR 281 and US 30 are currently classified as District Highways


13.28.050 Concrete Construction Required.  All service driveways hereafter constructed shall be of concrete conforming to city specifications from the curbline to the back edge of the existing or proposed sidewalk.

13.28.060 Permit – Fees.  The permit fee for each service driveway shall be as set by resolution of the City Council.

13.28.070 Conditions of Issuance of Permit.  Every permit issued under this chapter shall contain conditions providing as follows: that such permit may be revoked or modified by a resolution duly passed by the council, in which case the authority and privileges granted shall there upon cease and determine; that upon the termination by revocation, expiration or otherwise of the authority, rights and privileges granted by such permit, the driveway therein authorized shall be removed or modified and the sidewalk, space, parkway and curb and any property where the same have been located shall be restored to their former respective conditions and locations to the satisfaction of the City Engineer, so that such portion of such sidewalk space, parkway, and curb used for such driveway shall be safe for public travel and in the same condition as the remaining portion of such sidewalk space, parkway, and curb at the sole expense of the property owner, without cost or expense of any kind whatsoever to the city; provided, that in the event of the failure, neglect or refusal on the part of such grantee to remove such driveway when directed to do so by the City Engineer, by a written notice stating the action taken by the council and the time within which such driveway shall be removed or modified, the city may proceed to remove the same and charge the expense thereof to such property owner and it shall become a lien upon the property served by such driveway. 

13.28.080 Nonconformance - Notice to Alter.  Any existing driveway violating the terms of this chapter and not in conformity to the provisions of this chapter shall be altered to conform to the provisions of this chapter upon notice from the City Engineer or their designee.  If any person, firm or corporation owning the property served by such driveway fails, neglects or refuses to make such alteration after such notice, the City Engineer may thereupon make such alteration and charge the cost against the owner of the property.  If such costs are not promptly paid, the amount of the same shall be and become a lien upon the property served by such driveway.

13.28.090 Nonconforming Access Frontage.  Legal access connections in places as of (date of adoption) that do not conform with the standards herein are considered nonconforming features and shall be brought into compliance with applicable standards under the following conditions:
1. When new access connection permits are requested;
2. Change in use or enlargement or improvements that will significantly increase trip generations on the site.

13.28.100 Violation – Penalty.  Any person violating any of the provisions of this chapter upon conviction thereof shall be punished by a fine of not more than one hundred dollars or imprisonment in the city jail not exceeding ten days, or by both such fine and imprisonment. 

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CHAPTER 13.32 - STREET CONSTRUCTION

Legislative History: Ord. 950 (1952)

 

Sections:
13.32.10 Conditions precedent to construction

13.32.010 Conditions Precedent to Construction.  In the future, administrative officials of the city are prohibited from opening, accepting, grading, paving or lighting a street or authorizing the same to be done, laying or authorizing the laying of sewers or waterlines, or making connections from the city mains to such lines in a street which:

 A. Has not received the status of a public street prior to the taking effect of the ordinance codified in this chapter;

B. Does not correspond with a street or a subdivision plat tentatively approved by the Council; or

C. Having been submitted to the Council for acceptance, has been disapproved by it.

 

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CHAPTER 13.36 - WORK IN CITY RIGHTS OF WAY

Legislative History:  Ord 1871(2005); Ord 1786 (1999); Ord 1728 (1996); Ord 1115 (1961); Ord. 1936; Ord. 1970 (2009)

SECTIONS:
13.36.010 Intent and Scope
13.36.020 Definitions
13.36.030 Right of Way Permit
13.36.040 Construction
13.36.050 Relocation/Undergrounding
13.36.060 Repairs and Restoration
13.36.070 Adherence to Terms of Permit – Permit Exhibition
13.36.080  Maintenance
13.36.090 Vegetation
13.36.100 Discontinued Use
13.36.110 Vacation
13.36.120 Insurance
13.36.130 Financial Assurance
13.36.140 Liability and Indemnification
13.36.150 Revocation of Permits
13.36.160 Application to Existing Agreements
13.36.170 Notice of Amendment
13.36.180 Preemption and Severability
13.36.190 Violation – Penalty

13.36.010 Intent and Scope.  

A.   Pursuant to the statutes of the State of Oregon and the powers granted in the Charter of the City, the City Council declares its intent to acquire, own, operate, maintain, and manage rights of way and to acquire, maintain, and manage public easements.
B.  The purpose of this chapter is to provide for the non-discriminatory and competitively neutral management of the public rights of way and public easements in the interest of public safety and convenience and the protection of public infrastructure.
C.  When any of the words or requirements under this chapter are ambiguous and subject to interpretation, they shall be interpreted and applied so as to avoid a violation of federal or state law.
D.  If any section, sentence, clause or provision in this chapter is held by a court of competent jurisdiction to be invalid or unenforceable, or is preempted by federal or state law, the remainder of this chapter shall not be affected.
E.  The fees and costs provided for in this chapter are separate from, and in addition to, any and all federal, state, local and City charges as may be levied, imposed or due from a user, its customers or subscribers, or on account of the lease, sale, delivery, or transmission of utility services.
F.  The fees and costs provided for in this chapter are not subject to the property tax limitations of Article IX, Sections 11 and 11b of the Oregon Constitution.  These fees and costs are not imposed on property or property owners.

13.36.020 Definitions.  The following words when used in this chapter have the meaning respectively ascribed to them in this section except in those instances where the context clearly indicates a different meaning. Words not defined in this chapter have the meaning ascribed to them in the Engineering Standards.

"City Engineer" means that person designated by the City to serve as the City Engineer, or his or her designee(s).
“City facilities” means City or publicly-owned structures or equipment located within the right of way or public easement used for governmental purposes.

“Engineering Standards” means the most recent version of the City of Hood River Engineering Standards adopted by the City Engineer under Title 16.
“Facilities” means any tangible component installed, maintained, or operated by user within the right of way.  By way of example, the term means any pole, wire, sensor, loop, light, stabilization or "guy" wire, anchor, pipe, conduit, line, main, duct, cable, wire, switch, transformer, value, antennae or other equipment, including any equipment box or vault, located wholly or in part under, on, or above the surface of the ground within any right of way or easement.  "Facility" also includes any item placed in the right of way for the purpose of providing electric power, natural gas, telephone, telecommunications, radio, cable television, internet access, sewer, water, storm sewer or other utility or similar service.
"Franchise" means an agreement between the City and user which grants a privilege to use public right of way within the City for a dedicated purpose and for specific compensation.
“Non-City facilities” means light poles, utility poles, pipes, cable, wire, conduit, vaults, ducts, fiber or similar equipment that is not owned or operated by the City and that is lawfully placed in the right of way or public utility easement.
“Public rights of way” or “right of way” has the same meaning as in Hood River Municipal Code Section 13.52.010.  “Public rights of way” or “right of way” also includes utility easements as defined below, unless specifically stated otherwise.
“User” means a person that performs work and/or has facilities within the right of way, whether or not the user has a permit.
“Utility easement or public utility easement” means any easement designated on a subdivision or partition map as a utility easement or public utility easement, or any easement granted or owned by the City and acquired, established, dedicated or devoted for public utility purposes.  The term does not include easements not owned by or for the public.
"Work" means excavation or fill, or the construction, demolition, installation, replacement, repair, maintenance, or relocation of facilities, within the right of way.

13.36.030  Right of Way Permit.
A.  Permit Required.  No person shall occupy or encroach on public right of way , nor store materials in, or perform work, or place, relocate or maintain facilities located within public right of way without first obtaining a Right of Way Permit from the City.  No permit shall be granted if the applicant has any outstanding payments due to the City under this chapter or Chapter 3.32.  No permit shall be issued for an excavation in a pavement surface less than 2 years old unless the applicant can clearly demonstrate to the City Engineer’s satisfaction that public health or safety require the work to be performed or unless an emergency exists.   No permit shall be issued for an excavation in any pavement unless the applicable degradation fee has been paid.
B.  Exceptions. 
1.  Permits are not required for routine maintenance or repair of above ground equipment, the installation of new replacement cables or wires on existing aerial facilities, when the installation, maintenance or repair will not impact vehicular, pedestrian, or bicycle traffic by closing or blocking or partially obstructing a lane of travel and for the installation of individual customer service connections, repairs or maintenance that does not require cutting or breaking of the roadway, curb or sidewalk.

2.  Emergency responses related to existing facilities, in order to prevent service interruptions or the imminent threat of harm to persons and property, may be undertaken without first obtaining a permit.   The user must notify the City Engineer immediately, or as soon as reasonably possible after cessation of the emergency regarding work performed, or being performed, in the rights of way; the user must pay all applicable

fees, including the permit fee; and the user must comply with all other provisions of this chapter.
3.  The provisions of this Chapter do not apply to work within right of way by the City, its employees, or persons operating under contract with the City.  However, the degradation fee applies to any underground utility work performed by or for the City and shall be deposited into the City’s Street Fund.

C. Permit Application and Review.  The City Engineer is authorized to establish application forms, reasonable right of way management procedures, terms, and conditions for the permit, approve or deny permit applications, and perform such other acts as provided by this ordinance. The City Engineer shall, within 10 days of receipt of a complete permit application, issue a written determination granting, granting with conditions, or denying the permit in whole or in part. If the permit is denied, the written determination shall include the reasons for denial. The permit shall be evaluated based upon the demonstrated ability of the permit applicant to meet the terms of this chapter, the continuing capacity of the public right of way or public easement to accommodate the permit applicant’s proposed facilities and the applicable federal, state and local laws, rules and policies. If denied, the applicant may appeal to the City Council.

D.  Permit Nonexclusive.   The permit is not exclusive. The City expressly reserves the right to grant permits or rights to other persons, as well as the City's right to use the right of way for similar or different purposes, as allowed hereunder. The permit is subject to all recorded deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record that may affect the right of way. Nothing in the permit shall be deemed to grant, convey, create, or vest in user a real property interest in land, including any fee, leasehold interest, or easement.

E. Reservation of City Rights.  Nothing in the permit shall be construed to prevent the City from constructing sewers, grading, paving, repairing and/or altering any right of way, laying down, repairing or removing water or sewer mains, or constructing or establishing any other public work, utility or improvement, including repairs, replacement or removal of City facilities. If any of user's facilities interferes with the construction or repair of any right of way, public work, City utility, City improvement, or City facility, and the City and user are unable to find a reasonable alternative, user's facilities shall be removed or relocated as provided in Section 13.36.050 below, in a manner acceptable to the City, and subject to industry standard engineering and safety codes.

F. Permit Fee.  The permit fee is established by resolution of the City Council and will be in an amount which helps to defray the costs of design reviews, construction observation and administration of the requirements of this Chapter.  The permit fee will include a degradation fee for all requested excavations to pavements less than 10 years old.  The degradation fee will be deposited in the City’s Street Fund for the ongoing maintenance of City streets.

G. Permit Securities. Along with the application for the Right of Way Permit, the applicant shall deposit such securities as required by the City Engineer to comply with the provisions of this Chapter and with the specifications of the City Engineer pertaining to the conduct of the work.  Securities may include the securities required by Section 13.36.140 and both a performance guarantee and a warranty guarantee as required by Chapter 16.12.
H. Application Requirements.  Applications for the Right of Way Permit shall conform to the following minimum requirements.  Applications shall conform to the requirements of the City Engineering Standards and be accompanied by the permit fee. Applications for permits to construct, install or modify facilities within a public right of way must be accompanied by documentation, drawings, plans and specifications as required by the Engineering Standards.  The documentation, drawings, plans and specifications must be in sufficient detail to demonstrate or show that the facilities will be constructed or installed in accordance with all applicable codes, rules and regulations and that the facilities will be constructed or installed in accordance with the applicant’s franchise agreement, if any.  All documentation, drawings, plans and specifications submitted with permit applications must be accompanied by the verification of a registered professional engineer that the drawings, plans and specifications comply with applicable technical codes, rules and regulations.  In the City Engineer’s sole discretion, documents, drawings, plans and specifications may be verified by a person who is not a registered engineer but who is a qualified and authorized representative of the applicant.  All permit applications must be accompanied by a written schedule, including the anticipated deadline for completion of the work.  The schedule is subject to approval by the City Engineer.
I.  Assignment.  Except as provided below, a Right of Way Permit cannot be assigned or transferred without the prior written consent of the City, which consent may not be unreasonably withheld, conditioned, or delayed. User may assign a permit to a parent, subsidiary, affiliate, or to any entity that acquires all or substantially all the equity or assets of user by sale, merger or otherwise without the consent of the City, but upon written notice to the City.
J. Franchise. 
1.  A franchise is not required if the user desires to provide a commercial service, but may be required by state or federal law.  In the event of conflict between a franchise and the provisions of this Chapter, the more restrictive requirements apply.
2.  If the City Council determines that the public interest warrants, the City and a user may enter into a written franchise agreement that includes terms that clarify, enhance, expand, waive or vary the provisions of this chapter, consistent with applicable state and federal law.  The franchise may conflict with the terms of this chapter but the franchisee will otherwise be subject to the provisions of this chapter to the extent that such provisions are not in conflict with the franchise.  A franchise agreement will be adopted by ordinance of the City Council.

13.36.040  Construction. 
A. Construction and Installation.  Subject to the terms of the Right of Way Permit, user may enter upon the right of way to perform all work that is necessary to install, operate, maintain, remove, reinstall, relocate, and replace equipment in or on user's facilities or in or on City facilities. All work shall be in conformance with all applicable permits, this Chapter, the City Engineering Standards and other federal, state, or local laws and ordinance, and in a manner approved by the City Engineer. 
B. No Interference; Protection of Facilities.
1.  User, in the performance and exercise of its rights and obligations under a Right of Way Permit, shall not unreasonably interfere with the existence and operation of any rights of way, City facilities, non-City facilities, and other telecommunications, utility, communication system, or municipal property, without the express written approval of the owner or owners of the affected personal property or properties. Upon notification by the City, user may be required to review plans of others to determine if interference may occur.
2.  All users shall use reasonable care to preserve and protect from injury other user’s facilities in the right of way, the public using the right of way, and any adjoining property, and take other necessary measures to protect life and property, including but not limited to buildings, walls, fences, and vegetation that may be subject to damage from the permitted work.  All users are responsible for all damage to public and private property resulting from the user’s failure to comply with this subsection.
C. Undergrounding Required—New Facilities.  Whenever any existing facilities are located underground within a right of way, user must also locate new facilities underground.  The City Engineer shall provide an exception for transmission facilities when such transmission lines are not customarily located underground in accordance with industry engineering standards or when the cost of placing the facilities underground substantially increases the cost of the project for the customers within the City receiving service from the facilities.  Telecommunications users shall co-locate new facilities in existing underground ducts or conduits whenever surplus capacity exists, unless the user can demonstrate to the City Engineer’s satisfaction that collocation is not feasible.  All new facilities shall be constructed underground pursuant to Chapter 12.05 or when required to do so by the City in conjunction with a publicly funded construction project.   User is prohibited from installing any new aerial cables, wire, or conduit unless otherwise permitted by Chapter 12.05.
D. Hours of Work.  Except for emergencies, work shall be performed between the hours of 7 AM and 7 PM, Monday through Friday, unless approved otherwise by the City Engineer in writing.
E. Notification.  Except in the case of an emergency affecting the public safety, user shall notify the City Engineer not less than 2 business days in advance of any work in the right of way.  In the event of an emergency affecting the public safety, work may be made in a right of way provided that user notifies the City Engineer within 48 hours of doing the work, and complies thereafter with all provisions of this Chapter, including submitting an application for a permit.
F. Coordination of Work.  All users are required to make a good faith effort to cooperate and coordinate construction schedules with each other, with the City, and with other users of the right of way.   At least annually by January 1 of each year, all users shall provide the City and all other users with a schedule of known proposed construction activities for that year to determine if joint projects are feasible to minimize duplication of work and excavation in the right of way.  For those persons expressing an interest in a joint project, the user shall give them reasonable notice of the particular dates for the work to begin.  Upon mutual agreement, the user shall make the trench available to those persons participating in the joint project for installation of equipment.  The payment for the cost of trenching and installation will be as mutually agreed to by the parties.
G. Obtaining Required Permits.  If the work in the right of way requires any additional permits, user shall obtain the permits and pay any applicable permit fees.
H. Plans.
(1).  When documentation, drawings, plans or specifications have been required for a permit application, the user shall furnish the City with 2 complete sets of record drawings drawn to scale and certified to the City as accurately depicting the location of all facilities constructed pursuant to the permit, one set on paper and the other set in electronic format.  These record drawings shall be submitted to the City Engineer within 60 days following acceptance of the facilities by the City, in a format mutually acceptable to the user and City Engineer.
(2).  When requested by the user, and subject to the provisions of state law and the Oregon Public Records laws, the City shall treat as confidential any public record or information provided and designated by the user as confidential.
I. Use by City. The City, at its cost, may install pipes or conduit in any trench or excavation created by user, to the extent that space is reasonably available. The City may also require user to excavate trenches larger than needed by user, with the excess capacity to be utilized by the City and with the City responsible for the incremental cost provided that requiring the user to do so does not impose unreasonable delay on the user's construction activities.   This section does not apply where collocation would not comply with federal or state safety or environmental laws.
J.  Safety. User shall perform all work in a manner that ensures safety of workers and the public. Safety requirements and traffic maintenance shall be in conformance with the City Engineer Standards.
K.  Moving of Structures and Equipment. Whenever it becomes necessary to allow for the passage of buildings, machinery or other objects, user shall temporarily rearrange, remove, lower or raise its wires, cables or other facilities as necessary, at no cost to the City whether or not requested by the City. Whenever any person other than the City requests passage to move buildings, machinery or other objects, that person shall pay the entire actual cost incurred by user for changing, altering, moving, removing or replacing its wires, cables, or other facilities so as to permit passage, and shall deposit in advance with user a sum equal to such cost as estimated by user. The person undertaking the move shall pay all damages caused directly by the changing, altering, moving, removing or replacing of such wires, cables or other facilities, except for damages and claims that are the direct result of user's negligent acts.  Except in an emergency, user shall be given not less than 30 days written notice by the party desiring to move a building or other objects.  The notice shall detail the route of movement of the buildings or other objects over and along the rights of way of the City. Upon receiving required notice, user shall complete the moves as soon as practicable, and without undue delay. Furthermore, the passage of buildings, machinery or other objects shall be with as much haste as possible and shall not be necessarily delayed or cause user unnecessary expense or waste of time.  Moving buildings or part of buildings must also comply with Chapter 15.12.
L.  Work in Right of Way by City.  Whenever the City shall perform or cause or permit to be performed any work for the City in any right of way where the work may disturb or interfere with a user’s facilities, the City shall, or require its permittee, to notify the user in writing in a reasonable time prior to the contemplated work to enable the user to take those measures, including relocation or removal, as may be deemed necessary to protect its facilities, at the user’s own expense.


13.36.050 Relocation/Undergrounding.
A.  Whenever the City determines that it is necessary, the City may require user to change the location of its facilities, including relocating underground, or to remove its equipment from the right of way.  Within a reasonable time period specified in written notice, or immediately in the case of an emergency, user shall, at user’s expense, temporarily or permanently (as specified by the City) relocate any of its equipment or facilities within the right of way whenever the City determines that relocation is reasonably necessary for:
 1.  The construction, repair, maintenance or installation of any City or other public improvement in the right of way.
 2.  The construction, installation or improvement of any public right of way by a private developer as a condition of property development, provided that neither the City nor the user are required to pay the relocation costs.
 3.  The operations of the City or other governmental entity in the right of way.
 4.  The public interest.
If any of the foregoing improvements eliminate space available for user’s existing overhead facilities within an existing public utility easement or within the right of way, user shall at no expense to the City, relocate facilities underground or secure a private utility easement.  The City is not obligated to provide right of way solely for the use of any user’s facilities.
B.  In cases of capital improvements (as opposed to public improvements to rights of way as described in subsection (A) above) undertaken by either the City or a private contractor on behalf of the City, user shall at user’s own expense, underground existing overhead facilities at the request of the City where other users are similarly required to do so.
C.  Costs for moving facilities necessitated for anything other than publicly-funded projects shall be borne by the person requesting relocation or removal.  User shall pay the cost for relocation of user's equipment for publicly-funded projects to the extent the City is not reimbursed.  When a project is funded with both private and public funds, user shall pay the percentage of the costs that is equal to the percentage of City funds that were spent on the relocation. 
D.  The City shall provide written notice as soon as practicable to affected users of a project planned by the City that would require relocation of users’ facilities.  Prior to requesting relocation, the City shall make a reasonable effort to find an alternative location within a right of way for relocated facilities. 
E.  If user fails to move any facilities as requested by the City by the date specifiedin the written notice, the City may cause the facilities to be moved at user's own expense.  Upon receipt of a detailed invoice for payment from the City, user shall reimburse the City for the costs the City incurred within 60 days, including all labor and material costs and an administrative overhead fee of 20% plus interest after 30 days.
F.  Nothing in this chapter prohibits a user from seeking reimbursement and/or payment for relocation costs under this section from a third party or the City in accordance with applicable state laws and rules, provided that such reimbursement or payment does not delay the user’s obligation to comply with this section in a timely manner.


13.36.060 Repairs and Restoration. 
A. When a user, or any person acting on their behalf, does any work in or affecting any public rights of way or City property, they shall, at their own expense, promptly remove any obstructions therefrom and restore the ways or property to a condition equal to or better than its condition prior to commencement of the work unless otherwise directed by the City Engineer, or unless otherwise specified by a permit.
B. If weather or other conditions do not permit the complete restoration required by this Section, the user shall temporarily restore and maintain the affected rights of way or property if directed to do so by the City Engineer.  Temporary restoration shall be at the user’s own expense and the user shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent permanent restoration.  Any corresponding modification to the construction schedule is subject to approval by the City.  Temporary restoration means restoring the property to a safe condition permitting the use of the property as was made prior to the work being undertaken.  Temporary restoration does not require paving, landscaping or surfacing of a permanent nature.
C. If the user fails to restore rights of way or property to good order and condition, the City shall give the user written notice and provide the user a reasonable period of time, not exceeding 30 days, to restore the rights of way or property.  If the user fails thereafter to restore the rights of way or property to good order and condition, the City may cause the restoration to be made at the expense of the user, and the user shall reimburse the City for such costs, including all labor and material costs and an administrative overhead fee of 20% plus interest after 30 days.

13.36.070 Adherence to Terms of Permit - Permit Exhibition.

A. No work shall be undertaken other than that specified in the Right of Way Permit. All construction practices and activities shall be in accordance with this Chapter and the Permit. 
B. The City Engineer and the City’s representatives shall have access to the work site and any further information as they may require to insure compliance with this Chapter or the permit, or protection of the right of way. Upon request of the City Engineer, his assistants or any police officer, the Permit shall be produced at the place where the work is in progress. If the Permit is not produced, the work shall be stopped until the Permit is produced.
C. Any work that does not comply with this Chapter or the Permit, shall be removed, replaced or corrected at the user’s own expense immediately following oral or written notification by the City Engineer.  The City Engineer is authorized to stop work in order to assure compliance with the provisions of this Chapter.  If the work is not replaced or corrected as required by this Section and the City Engineer’s notice, the work shall be removed or corrected by the City at the user’s own expense.  Upon receipt of a detailed invoice from the City, user shall reimburse the City for the costs the City incurred within 60 days, including all labor and material costs and an administrative overhead fee of 20% plus interest after 30 days.


13.36.080  Maintenance.   User shall install and maintain all equipment in a manner that prevents injury to the right of way, the City's property or the property belonging to another person, except as this chapter otherwise permits or requires.  User shall, at its own expense, repair, and maintain equipment from time to time as may be necessary to accomplish this purpose.


13.36..090  Vegetation.   User shall prune any vegetation in accordance with Chapter 13.12.


13.36.100  Discontinued Use.  Whenever user discontinues use of any facilities and does not intend to use the facilities within 12 consecutive months, user shall remove the facilities from the right of way unless the City agrees, in writing, that the facilities may remain in the right of way.  The City shall not unreasonably withhold agreement and a condition requiring user to convey title or ownership of the facilities to the City shall not be considered unreasonable.  If user fails to remove facilities that are no longer going to be used within a reasonable time not to exceed one year, and the City has not agreed to allow user to abandon the facilities in place, the City may remove the facilities at user's own expense. Upon receipt of a demand for payment from the City, user shall pay the City for the estimated costs or a detailed invoice of the costs the City incurred within 60 days, including all labor and material costs and an administrative overhead fee of 20% plus interest after 30 days.


13.36.110  Vacation. If the City vacates any right of way, or portion thereof, that user uses, user shall remove its facilities from the right of way at its own expense unless the City reserves a public utility easement, which the City shall make a reasonable effort to do. User shall be notified of proposed vacation at least 90 days before user is required to relocate or remove its facilities.  If user fails to remove its facilities within 30 days, or as otherwise necessary to complete removal, after a right of way is vacated, the City may remove the facilities at user's own expense. Upon receipt of a detailed invoice from the City, user shall reimburse the City for the costs the City incurred within 60 days, including all labor and material costs and an administrative overhead fee of 20% plus interest after 30 days.

13.36.120 Insurance. 

A. The City Engineer may require, in his sole discretion, as a condition of permit issuance that user maintain public liability and property damage insurance and motor vehicle liability insurance that protects user and the City, as well as the City's officers, agents, and employees, from the claims referred to in Section 13.36.150. The insurance shall provide coverage at all times of not less than the statutory maximum limits of liability imposed on municipalities of the State of Oregon and shall include costs of defense.  The insurance shall be without prejudice to coverage otherwise existing and shall name as additional insureds the City and its officers, agents, and employees. The coverage must apply as to claims between insureds on the policy. The Certificate of Insurance shall provide that the insurance shall not be canceled or materially altered without 30 days' prior written notice first being given to the City. If the insurance is canceled or materially altered, user shall provide a replacement policy with the terms as outlined in this Section. User shall maintain continuous uninterrupted coverage, in the terms and amounts required. User may self insure any or all of the above coverage.  The insurance policy(s) may provide for self-retention or deductibles in reasonable amounts.

B.  Users with facilities already in the public right of way as of the effective date of Ordinance 1970 shall provide and continue to provide insurance as specified in subsection (A) above.

C.  User shall maintain on file with the City proof of the coverage required in this section.

13.36.130 Financial Assurance.

A.  Unless otherwise provided in a franchise agreement, before work is commenced within a right of way, the user shall provide a performance bond or other form of surety acceptable to the City in an amount equal to at least 100% of the estimated cost of all the work within the right of way.  The amount of the estimated cost is subject to approval by the City Engineer.  In lieu of providing surety each time a user applies for a Right of Way Permit, the City Engineer may require an annual or rotating bond in an amount not less than $100,000 to cover all or specified work in the right of way.  The surety shall remain in force until released by the City following final acceptance and upon compliance with Chapter 16.12, unless otherwise provided in a franchise agreement.  In the case of an annual or rotating bond, the surety shall remain in force until released by the City.
B.  The surety shall guarantee, to the satisfaction of the City:
1. Timely completion of construction;
2. Construction in compliance with applicable plans, permits, technical codes and standards;
3. Proper location of the facilities as specified by the City;
4. Restoration of the public rights of way and other property affected by the construction; and
5. Timely payment and satisfaction of all claims, demands and liens for labor, material and services provided in connection with the work.

C.  In lieu of a surety bond, the user may file as security cash or certified check in an amount no less than 100% of the estimated cost of all the work within the right of way, to be held by the City and returned subject to the same conditions as set forth in the case of surety bonds.
D.  In the case of unimproved rights of way, no security is required unless, in the opinion of the City Engineer, security is necessary for the protection of the public interest.

13.36.140  Liability and Indemnification.
A.  User shall indemnify, defend, and hold the City, its officers, agents, and employees harmless from any claims for injury, damage, loss, liability, cost or expense, including court and appeal costs and attorney fees or expenses, arising from any wrongful or negligent act or omission of user related to user’s use of the rights of way, but not if arising out of or by reason of any negligence or willful misconduct by the City, its officers, agents or employees.  The City shall provide user with prompt notice of any such claim, which user shall defend.  No settlement or compromise of any such claim will be done by the City or the user without the prior written approval of the other party.  User and its agents, contractors and others shall consult and cooperate with the City while conducting its defense.
B. User shall also indemnify the City for any third party damages, claims or expenses incurred, by the City arising out of or resulting, directly or indirectly, from user's wrongful or negligent failure to remove or relocate any of its equipment in the right of way in accordance with a reasonable schedule furnished to user by the City, unless user's failure arises directly from the City's negligence or willful misconduct or that of a third party.

13.36.150 Revocation of Permits.

A. Any permit issued under this Chapter may be revoked by the City Engineer if after notice to the user for the following, the user fails to comply with subsection (C) of this section within the time specified in the notice:
1. Violation of any condition of the permit or any provision of this Chapter.
2. Violation of any provision of any other applicable ordinance or law relating to the work.
3. Existence of any condition or the performance of any act constituting or creating a nuisance or endangering life or property.

B. The notice may be oral when the City Engineer determines that circumstances warrant immediate attention in 24 hours or less.  All other notices must be in writing.

C. Upon receipt of notice from the City Engineer, the user shall immediately cease to perform any additional work in the permitted area except to remedy the violation and restore the area to a safe condition.

D. Written notice shall be served upon the user or their agent engaged in the work.  The notice shall contain a brief statement of the reasons for issuing notice.  Notice shall be given by certified or registered U.S. mail addressed to the user at the address shown on the permit application.

E. When any permit is revoked and the work authorized by the permit has not been completed, the user is required to re-apply for the permit and re-pay all fees with the exception of the degradation fee.  If, in the opinion of the City Engineer, delays in the completion of work will create a hazard or nuisance to the public, the City may perform such work as may be necessary to restore the street. All expenses incurred by the City for such work shall be reimbursed by the user.  Upon receipt of a detailed invoice from the City, user shall reimburse the City for the costs the City incurred within 60 days, including all labor and material costs and an administrative overhead fee of 20% plus interest after 30 days.

13.36.160  Application to Existing Agreements.  To the extent that this chapter is not in conflict and can be implemented consistent with existing franchise agreements, this chapter shall apply to all existing franchise agreements granted to users by the City.

13.36.170  Notice of Amendment.  The City shall provide not less than 30 days prior written notice of any amendments to this chapter to all utilities paying a privilege tax pursuant to Chapter 3.32.  Failure to provide the notice required by this section does not affect the validity of any proceeding or amendment to this chapter.

13.36.180  Preemptiona and Severability.
A.  The provisions of this chapter shall be interpreted to be consistent with applicable federal and state law, and shall be interpreted, to the extent possible, to cover only matters not preempted by federal or state law.
B.  If anything in this chapter is for any reason declared or held to be invalid or unenforceable by any court of competent jurisdiction or superseded by state or federal law, rule, regulation or decision, the remainder of this chapter shall not be affected thereby but shall be deemed as a separate and distinct and independent provision, and such holding shall not affect the validity of the remaining parts of this chapter and each remaining part shall be valid and enforceable to the fullest extent permitted by law.  In the event any provision is preempted by federal or state law, rule or regulation, the provision shall be preempted only to the extent required by law and any portion not preempted shall survive.  If any federal or state law resulting in preemption is later repealed, rescinded, amended or otherwise changed to end the preemption, the provision shall immediately return to full force and effect and be binding without further action by the City.

13.36.190 Violation - Penalty. 

A.  Any person found guilty of violating any of the provision of this chapter, shall be fined not more than $100.  Every day that a violation continues shall constitute a separate offense.

B.  Nothing in this chapter shall be construed as limiting any judicial or other remedies the City may have at law or in equity, for enforcement of this chapter.

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CHAPTER 13.40 - SIDEWALK AND CURB CONSTRUCTION AND REPAIR

Sections:
13.40.010 Definitions
13.40.020 Standards Establishment Compliance required
13.40.030 Permit Required Application Fee Issuance
13.40.040 Inspections authorized
13.40.050 Construction Findings required
13.40.060 Construction Notice and hearing
13.40.070 City construction
13.40.080 Violation—Penalty

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13.40.010 Definitions.  As used in this chapter, except where the context otherwise indicates, the following terms are defined as follows:

A. "Council" means the City Council.

B. "Engineer" means the City Engineer.

C. "Person" means every natural person, firm, partnership, association or corporation.  (Ord. 1118, 1961)

13.40.020 Standards - Establishment - Compliance required.

A. The Council, by resolution or otherwise, shall adopt standard city specifications for sidewalk and curb construction, reconstruction and repair and such specifications shall be filed in the office of the engineer and recorder.

B. All sidewalks and curbs shall be constructed, reconstructed or repaired in accordance with the standard city specifications.

C. The Council shall establish grades upon recommendation of the engineer and all improvements made shall conform to the established grades.  (Ord. 1118, 1961)

13.40.030 Permit - Required - Application - Fee - Issuance.

A. No person shall construct, reconstruct, or repair any sidewalk or curb in or upon any public street or right of way without first obtaining a permit from the engineer.

B. An application for a permit shall be filed with the engineer on a form provided by the city, together with such other information and data as may be required by the engineer.

C. An applicant for a permit shall pay a permit fee to the city.  The amount of the permit fee shall be calculated in the same manner as a building permit fee is calculated under the schedule of fees provided in the building code, as amended.

D. After determining that the improvement is to be constructed in accordance with standard city specifications and after the permit fee is paid to the city, the engineer shall issue a permit for the work.  (Ord. 1118, 1961)

13.40.040 Inspections Authorized.  The City Engineer shall make such inspections as in his judgment may be required to determine that the construction of any improvement for which a permit has been issued is proceeding in accordance with the standard city specifications.  (Ord. 1118, 1961)

13.40.050 Construction - Findings Required. Whenever the City Engineer or his designee finds that any of the following conditions exist, and makes a written report thereof on any one or more of such conditions and in favor of the construction of a sidewalk in such area to the Council on which the Council favorably acts, then the council may proceed in the manner set forth in Sections 13.40.060 and 13.40.070.  (Ord. 1728, 1996)

A. Fifty percent or more of the footage of properties on one side of a street between two intersecting streets from that side have sidewalks that meet the standards prescribed by city regulations for new sidewalk construction; or

B. Fifty percent or more of the footage of properties on one side of a street in any distance of three hundred feet or less into which no intersecting streets enter from that side have sidewalks that meet the standards prescribed by city regulations for new sidewalk construction; or

C. A dangerous condition to pedestrians or vehicular traffic exists in a street area; or

D. There is a general public necessity that a street be improved by the construction of a sidewalk thereon not to exceed one block in length if platted as a block or three hundred feet if not platted, which sidewalk would connect with the sidewalk or sidewalks already constructed on such street or on cross streets intersecting therewith.  (Ord. 1385, 1976)

13.40.060 Construction - Notice and Hearing.  The Council, after making its findings, shall then, by resolution, declare its intention to have such sidewalks constructed and shall proceed as provided by Section 13.16.040 to have a hearing; and after the hearing, unless there is a sufficient showing to the satisfaction of the council that the sidewalks are not necessary, the council shall order the construction of the sidewalks in front of the properties affected, with such sidewalk to meet city requirements; and notice of the decision of the council shall be made by written notice to the record owners of the property, at their last known ad dresses as shown by the tax records of the county; and such owners or their successors shall have a period of sixty days in which to cause such sidewalks to be constructed.  (Ord. 1385, 1976)

13.40.070 City Construction.  If a sidewalk is not constructed within sixty days as required, after the order for construction has been given by the council as provided by this section and Section 13.40.060, then the city may construct a sidewalk for the full street frontage in front of such property and proceed with such construction and the assessment and collection of the costs of such improvements, as provided by Chapter 13.16.  (Ord. 1385, 1976)

13.40.080 Violation - Penalty.  Any person violating any of the provisions of this chapter, upon conviction thereof, shall be punished by a fine not to exceed one hundred dollars, or by imprisonment in the city jail for a period not to exceed thirty days, or by both.  (Ord. 1118, 1961)


CHAPTER 13.44 - PUBLIC PARKS

Legislative History: Ord. 1282 (1970); Ord. 1728 (1996); Ord. 1773 (1999); Ord. 1955 (2008); Ord. 1991 (2010)

Sections:
13.44.010 Authority to Acquire and Designate City Parks
13.44.020 Park Rules and Regulations
13.44.030 Compliance Required, Violations 

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13.44.010 Authority to Acquire and Designate City Parks. 

The City Council may acquire real property for current or future use as a public park and may designate any real property owned by the City for public park purposes.  The City may acquire and establish a city park with less than a fee interest in land so long as the interest so acquired by the City is consistent with and ensures use of the property for its designated park purposes.  City parks may be established or designated for active or passive recreational use, historic, cultural, openspace, ecological or habitat preservation or any other specific purpose so designated by the City Council.


13.44.020 Park Rules and Regulations. 

The City Council shall adopt by resolution rules and regulations governing conduct in and use of the City’s public parks.  The City Manager or the Manager’s designee shall have the authority to enforce the rules and regulations authorized by, this Chapter.  The City Manager may promulgate and enforce temporary park rules and regulations when circumstances warrant and, in the City Manager’s opinion, additional or different rules are necessary to protect the health and safety of park users.  For purposes of this authority, “temporary” shall mean that temporary rules may be effective for no more than 90 days without City Council ratification. 

13.44.30 Compliance Required, Violations. 

Any violation of the adopted park rules and regulations, or any temporary rule or regulation so declared by the City Manager, shall constitute a nuisance, a civil infraction and a code violation that may be cited and prosecuted in Municipal Court through any lawful enforcement procedure, with a maximum possible penalty of $300 per violation.  The violation of any criminal code or statute in a City park shall be prosecuted as a crime in Municipal or Circuit Court. 

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CHAPTER 13.48 – PARKING AND STORAGE OF MOBILE HOMES, RECREATIONAL VEHICLES, TRAILERS, AND STORAGE CONTAINERS

Legislative History: Ord. 1645 (1991); Ord. 1713 (1994); Ord. 1730 (1996); Ord. 1831     (2002); Ord. 1981 (2009) 

SECTIONS:
13.48.010 Purpose
13.48.020 Definitions
13.48.030 Exclusion Zone Restrictions
13.48.040 Storage in Streets and Public Parking Areas
13.48.050 Unlawful Storage or Parking - Time Limit - Exception
13.48.060 Emergency Use for Sleeping or Living - Permit Requirements, Fees and
 Other Conditions
13.48.070 Use for Live In at Construction Site - Permit Requirements, Fees and Other
 Conditions
13.48.080 Violation - Penalty

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13.48.010 Purpose.  The purpose of this chapter is to regulate the parking and storage of mobile homes, recreational vehicles, residential trailers, and storage containers in the city. 

13.48.020 Definitions.  For the purpose of this chapter, certain words and terms are   defined as follows:

"Exclusion zone" means all lots contiguous to or lying between: (1) Twelfth, Thirteenth, May and Nix Streets and (2) State Street, Columbia Avenue, Front Street, and Seventh Street.

"Human occupancy" means any use of a mobile home, recreational vehicle, residential trailer or travel trailer.

"Mobile home" means a vehicle or structure constructed for movement on public highways that has sleeping, cooking and plumbing facilities, is intended for human occupancy and suitable for being used for residential purposes.

"Mobile home park" means any place where four or more mobile homes are located within five hundred feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or to offer space free in connection with securing the trade or patronage of such person.

"Recreational vehicle" or “RV” means a vacation trailer or other vehicular or portable unit which is intended for human occupancy and is designed for vacation or recreation purposes but not residential use.

"Residential trailer" means a portable residence that is transportable on public highways by permanently attached axles, the dimensions of which do not exceed forty two feet in length, or eight feet in width, or any equivalent dimension combination. 

“Storage container” means a container designed for the temporary storage of commercial, industrial, or residential household goods that does not contain a foundation or wheels for movement. Examples include piggyback containers that can be transported by mounting on a chassis and “POD” type boxes that can be transported on a flatbed or other truck.

“Trailer” means a portable unit used for and equipped to transport vehicles, boats, building materials, dirt, or any other goods, that can be hitched to a motor vehicle for use on the public right of way.

13.48.030 Exclusion Zone Restrictions. 

A. It is unlawful to park or place any mobile home, recreational vehicle or residential trailer in use for human occupancy within the exclusion zone either on private or public property, including on the public rights of way.

B. Notwithstanding Section 13.48.040(A), it is unlawful to park or place any mobile home, recreational vehicle, residential trailer, other trailer, or storage container overnight within the exclusion zone except on the private property of family residences or on the private property of a licensed recreational vehicle dealership, subject to the provisions herein.

13.48.040 All Other Zones - Storage in Streets and Public Parking Areas. 

A. Extended Parking Prohibited.  It is unlawful to park or place any unhitched mobile home, recreational vehicle, residential trailer, trailer, or storage container upon a public right of way.  Mobile homes, recreational vehicles, residential trailers, trailers, and storage containers may be parked on a public right of way for a period of not more than seventy two (72) hours if self-propelled, hitched or otherwise attached to a vehicle, and only for the purpose of loading, unloading or otherwise preparing the mobile home, recreational vehicle, residential trailer, or trailer for use

B.  Human Occupancy.  Human occupancy of mobile homes, RVs, residential trailers, and storage containers is not permitted on public rights of way.

C. Compliance with State Provisions Required.  It is unlawful for any person to do any act within the city which fails to comply with Chapter 446 of the Oregon Revised Statutes or the Rules and Regulations issued by the State Board of Health as the same now or may be hereafter adopted or promulgated pertaining to the operation of mobile home parks or the parking of mobile homes, recreational vehicles, or residential trailers within the city.

D. Conditions for Permitted Storage.  The storage of mobile homes, recreational vehicles, residential trailers, trailers, or storage containers not in use for any form of human occupancy is permitted within the city outside the limits of the exclusion zone subject to the following conditions:
1. Provided they are located within a garage or carport; or
2. Provided they are parked or placed in accordance with the lot coverage, yard setback and area standards for structures as required by the city's zoning ordinance; and
3. Provided they are maintained in a structurally safe condition and not permitted to become unsafe by reason of inadequate maintenance, dilapidation, obsolescence or abandonment.

E. Use for Sleeping or Living Permit Required Fee Time Limit.  Subject to the restrictions stated in this section, recreational vehicles in use for sleeping or living purposes may be parked in the city for a period not to exceed ten days, after the owner or occupant thereof has secured a permit from the City Recorder and has paid a fee set by council resolution for each permitted recreational vehicle or travel trailer.  This permit shall not be issued unless the applicant shows to the satisfaction of the City Recorder that the proposed parking and use of the recreational vehicles and travel trailers will comply with subsections (1) and (2) of ORS 446.125.  A second temporary permit may be granted, but no more than two temporary permits per property owner are allowed in any one calendar year except in the case of permitted carnivals or festivals held on appropriately zoned commercial property.

13.48.050 Unlawful Storage or Parking - Time Limit - Exception.  It is unlawful to park or place any mobile home, recreational vehicle or residential trailer in use for human occupancy within the city for any period of time exceeding seventy two hours except in a regularly licensed mobile home or RV park which has been issued a valid certification of sanitation required under the provisions of Chapter 446 of the Oregon Revised Statutes and local zoning and land use regulations, or for which a permit has been issued as provided in this chapter. 

13.48.060 Emergency Use for Sleeping or Living - Permit Requirements, Fees and Other Conditions.  A mobile home or residential trailer referred to in this section as the “unit” may be used for temporary living purposes outside of a mobile home park by the victims of a presidential or a governor's declared major disaster area, subject to the following:

A. The unit is located upon the site of the victim's destroyed or damaged dwelling or upon a site designated by the city council for the location of such victim's temporary housing.

B. The unit is occupied by only the victim and his family.

C. The unit is adequately served by electric, water and sewer connections.

D. A permit is obtained from the City Recorder by the victim and he has paid a fee set by council resolution.  The permit shall not be issued unless applicant shows to the satisfaction of the City Recorder that the proposed parking and use of the mobile home will comply with subsections (1) and (2) of ORS 446.125.  The permit shall be for a period of six months.  Not more than two six month period permits shall be allowed as the result of any one major disaster. 

13.48.070 Use for Live-In at Construction Site - Permit Requirements, Fees and Other Conditions.  A mobile home or residential trailer, referred to in this section as “unit,” may be used for temporary living purposes outside of a mobile home park for a watchman on the construction job of any church, school, public building, commercial or industrial structure for which a building permit of more than two hundred thousand dollars is issued, provided and subject to the following conditions:

A. Not more than two such units are on the job at any one time.

B. After the contractor for the job has secured from the City Recorder a permit and paid a fee in an amount set by council resolution.  This permit shall not be issued unless applicant shows to the satisfaction of the City Recorder the proposed parking and use of the mobile home will comply with subsections (1) and (2) of ORS 446.125 and the city engineer and the city planner have approved its issue.  The permit shall be for a period of one year.  An extension permit may be issued for an additional six months upon payment of an additional ten dollars.

C. The unit is used only for the purposes of providing living conditions for a watchman and the unit is located upon the construction site. 

13.48.080 Violation - Penalty.  Any person, firm or corporation or other entity who violates any provision of this chapter shall be punished upon conviction by a fine of not more than five hundred dollars.  Each day that violation is permitted to exist shall constitute a separate offense.

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 CHAPTER 13.52 - CITY'S JURISDICTION OVER PUBLIC RIGHTS-OF-WAY

Legislative History:  Ord. 1738 (1997); Ord. 1878 (2005); Ord. 1943 (2008)

Sections:
13.52.010 Definitions
13.52.020 Jurisdiction
13.52.030 Scope of Regulatory Control
13.52.040 City Permission Requirement
13.52.050 Obligations of the City
13.52.060 Severability

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13.52.010 Definitions.   For the purpose of this ordinance, the following mean:

City.  The City of Hood River, Oregon.

Person.  Individual, corporation, association, firm, partnership, joint stock company, and similar entities.

Public Rights-of-Way.  Include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or areas, including subsurface and air space over these areas.

Within the City.  Territory over which the city now has or acquires jurisdiction for the exercise of its powers.

13.52.020 Jurisdiction.  The City has jurisdiction and exercises regulatory control over all public rights-of-way within the City under the authority of the City charter and state law.

13.52.030 Scope of Regulatory Control.  The City has jurisdiction and exercises regulatory control over each public right-of-way whether the City has a fee, easement, or other legal interest in the right-of-way.  The City has jurisdiction and regulatory control over each right-of-way whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means.

13.52.040 City Permission Requirement.  No person may occupy or encroach on or alter a public right-of-way, or alter any thing in a right-of-way without the permission of the City.  The City grants permission to use rights-of-way by ordinance, franchises, licenses and permits.  Fees for licenses and permits are set by Council resolution, and the fee may include an amount designed to offset the impact on the use of the right-of-way, if any.

A.   The City Manager has the authority to grant permits for the temporary use of the public right-of-way under the exclusive jurisdiction of the City.  Permits for the temporary use of the City public right-of-way are revocable at any time for any reason at the discretion of the City Manager or the City Council.  A permit for the temporary use of the City public right-of-way shall provide that the City will incur no liability for revocation of the permit and that the permit holder’s temporary use of the right-of-way is made at the permit holder’s sole risk.
 
13.52.050 Obligations of the City.  The exercise of jurisdiction and regulatory control over a public right-of-way by the City is not official acceptance of the right-of-way, and does not obligate the City to maintain or repair any part of the right-of-way.

13.52.060 Severability.  Invalidity of a section or part of a section of this ordinance shall not affect the validity of the remaining sections or parts of sections.

 


CHAPTER 13.56 TRANSPORTATION SYSTEMS DEVELOPMENT CHARGES

Legislative History: Ord 1805 (2000); Repealed by Ord 2005 (2013)

 

 

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