TITLE III:
ADMINISTRATION
Chapter
34. LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS
CHAPTER 30: GENERAL PROVISIONS
Section
Annexation Policies and
Procedures
30.01 Generally
30.02 Review
criteria
30.03 Application
requirements
30.04 Application
review process
30.05 Annexation
by election
30.06 Procedures
following election
Administrative Offenses
30.20 Misuse
of emergency services due to false alarms
30.21 Negotiation
of a bad check
Processing Claims
30.35 Purpose
and policy
30.36 Definitions
30.37 Non
mandatory process: pre-filing and settlement conference
30.38 Claim
filing procedure & requirements
30.39 Staff
recommendation - claim review process
30.40 Conditions,
revocation and transfer
30.41 Waiver
of claims
30.42 Costs
and attorney fees
30.43 Availability
of funds to pay claims
30.44 Review
of a decision
30.45 Private
cause of action
30.46 Compensation
by other
30.47 No
re-application
30.48 Validity
of City Council action
30.49 Applicable
state law, no independent rights
ANNEXATION POLICIES AND
PROCEDURES
§ 30.01 GENERALLY.
(A) Purpose. When annexations are properly timed, they
may allow for the orderly expansion of the City of Banks’ boundaries and may
contribute to the logical extensions of the public infrastructure. The city also recognizes that the
development of lands at an urban density must include the provision of an
adequate level of required urban services such as sewer, water, and roads. Policies and procedures adopted in this
subchapter are intended to carry out the directives of the citizens of Banks,
and to ensure that annexation of lands to the city is incorporated into a
process of providing a timely and orderly conversion of lands to urban uses.
(B) Election
required. Upon the Banks City
Council’s legislative determination of an applicant’s eligibility to annex, the
Council must set the matter for a citywide vote. Annexation must be approved by a majority of those voting.
(C) Application
for annexation. The applicant must
complete the application form provided by the City of Banks Planning
Commission. Application procedures,
including application materials, fees, costs (i.e. staff costs, election costs,
and the like), and filing deadlines are to be established by resolution of the
Council.
(D) Urban
Planning Area Agreement. Annexation
proposals will be consistent with the policies and provision of the city’s
Urban Planning
Area Agreement with Washington County entered into on
10-25-1988 (copy attached as Exhibit A to Ordinance 102500 and incorporated by
reference) or as later amended and the provisions of any intergovernmental
agreement or agreement with any agency providing public services to the City of
Banks or the annexation site.
(Ord. 102500, passed 10-25-2000)
§ 30.02 REVIEW CRITERIA.
(A) Eligibility
criteria. The Council must
determine that property is eligible for annexation based on the following
criteria:
(1) The property is contiguous to the existing
city limits;
(2) The property is located within Banks Urban
Growth Boundary; and
(3) Any other prerequisite requirement that may
be applicable under the Oregon Revised Statutes.
(B) Timeliness
criteria. The Council must
determine that it is timely to annex property based on the following criteria.
(1) An adequate level of urban services and
infrastructure is available, or will be made available in a timely manner.
(a) ADEQUATE LEVEL means conforms to
adopted plans and ordinances, or as may be determined by the agency that
provides the service or infrastructure.
(b) URBAN SERVICES means police; fire;
school facilities; parks and recreation facilities; greenways and open spaces
and other city-provided services.
(c) INFRASTRUCTURE means sanitary sewer,
water, storm drainage, and streets.
(d) BE MADE AVAILABLE IN A TIMELY MANNER
means that improvements needed for an adequate level of urban services and
infrastructures will be provided in a logical, economical, and efficient manner
and are made available in accordance with the development agreement or other
funding mechanism at the time of approval. Improvements for the needed
infrastructure and urban services must be secured by a development agreement or
other funding mechanism that places the primary economic burden on the annexed
property and not on the city.
(2) Sufficient planning and engineering data must
be provided, and all necessary studies and reviews must be completed in such a
manner that there are no unresolved issues regarding development of the
annexation property. It may not be
timely to annex property if the appropriateness of the proposed use could be
altered by plans or studies that are underway, or are needed, to update,
clarify, or provide additional specificity to the property use. Examples of needed studies may include, but
are not limited to, public infrastructure plans, buildable lands inventories,
area refinement plans, park study, or any related planning study pertaining to
growth management.
(3) The Council may consider, at its discretion,
any other factors that effect the timeliness or wisdom of any particular
annexation petition.
(4) The burden for providing the findings and
cost thereof for this section and § 30.03 is placed upon the applicant.
(Ord. 102500, passed 10-25-2000)
§ 30.03 APPLICATION REQUIREMENTS.
An
application for annexation must be made on forms provided by the Commission and
must include the following material:
(A) Written consent to the annexation signed by
the requisite number of affected property owners, electors, or both within the
area to be annexed, as provided by state law;
(B) A metes and bounds legal description or
acceptable alternative legal description of the territory to be annexed as
certified by the Washington County Assessor’s office;
(C) The County Assessor’s quarter section map(s)
showing the proposed annexed area and adjacent city territory;
(D) General land use plan indicating types and
intensities of proposed development, transportation corridors, watercourses,
significant natural features, open space, freeways and adjoining development;
(E) A detailed statement of overall development
concept and methods by which physical and related social environment of the
site, surrounding area, and community will be enhanced;
(F) A detailed statement of additional facilities
required to meet any increased demand and a plan for the phasing in of any such
facilities in accordance with the projected demand;
(G) A detailed statement outlining method and
source of financing required will be made available in a timely manner to the hearing
body to show how the applicant plans to provide any required additional
facilities;
(H) A detailed statement of availability,
capacity, and status of existing water, sewer, drainage, transportation, park
and school facilities;
(I) Comprehensive narrative of potential
negative physical, aesthetic, and related social effects of the proposed
development on the community as a whole and on the smaller subcommunity or
neighborhood that it will become a part of; and proposed actions to mitigate
the effects;
(J) Narrative demonstrating need for the urban
development proposed for the annexation area; need should be demonstrated based
upon a factual analysis of the following factors:
(1) Availability within the current city limits
of undeveloped land designated for proposed urban development;
(2) Analysis of immediate, short-term (1 to 5
years) demand for proposed urban development; and
(3) Probable phasing of proposed urban
development consistent with projected demand for the period that the annexation
area is expected to be developed.
(K) List of property owners (printed on
self-adhesive labels) within 300 feet of the exterior boundary of the
annexation property; the list shall be based on the latest tax assessment
records at the Washington County Department of Assessment and Taxation and
legible scale drawing of the site.
(Ord. 102500, passed 10-25-2000)
§ 30.04 APPLICATION REVIEW PROCESS.
(A) The Commission must hold at least 1 public hearing
on the application.
(1) Once a completed application, including the
appropriate filing fee, has been filed and accepted by the City Recorder, then
the City Planner will schedule a public hearing to be held by the Commission.
(2) Notice of the public hearing must be
published in a newspaper of general circulation in the city not less than 5
days nor more than 15 days prior to the date of the public hearing.
(3) Written notice of the public hearing
regarding the application must be mailed to all property owners within 300 feet
of the exterior boundary of the property, not less than 20 days prior to the
hearing date.
(4) Written notice of the public hearing
regarding the application must be mailed to Washington County and the County
Community Planning Organization (CPO 14) not less than 20 days prior to the
hearing date.
(B) Within 45 days following the public hearing,
unless a continuance is announced, the Commission must make specific findings
of fact in accordance with the review criteria set forth in § 30.02. Based on the findings, the Commission must
render a decision that either recommends that the application be approved and
submitted to the voters at the next available election, as per § 30.05, or
denied.
(1) If the Commission recommends that the
application be granted and set for election, the Commission must transmit to
the Council a copy of the application, a scale drawing of the site, the minutes
of the public hearing, the decision and findings of the Commission, and any
other materials deemed necessary for the Council to make a decision.
(2) If the Commission recommends that the
application be denied, no further proceedings are to be held by either the
Commission or the Council, unless the applicant, the owner, or any other party
who has participated in the public hearing, either in person or in writing,
files an appeal within 14 days of the Commission’s decision.
(C) Upon receipt of the Commission’s decision to
recommend approval, the Council must either:
(1) Approve the annexation, based on the material
in the record and the findings adopted by the Commission and then if approved
by the Council, and set the matter for election; or
(2) Call for a public hearing on the application
subject to the following notice requirements.
(a) Notice of the public hearing must be
published in a newspaper of general circulation in the city not less than 5
days nor more than 15 days prior to the date of the public hearing.
(b) Written notice of the public hearing regarding
the application must be mailed to all property owners within 300 feet of the
exterior boundary of the property, not less than 20 days prior to the hearing.
(c) Written notice of the public hearing
regarding the application must be mailed to Washington County and the County
Community Planning Organization (CPO 14) not less than 20 days prior to the
hearing date.
(D) If an appeal is filed, the Council must hold a
public hearing following the procedures set forth in § 151.176.
(Ord. 102500, passed 10-25-2000)
§ 30.05 ANNEXATION BY ELECTION.
(A) All annexation requests approved by the
Council must be referred to the voters at the next available annexation
election in accordance with the requirements of this subchapter and O.R.S.
Chapter 222.
(B) Notice of the annexation election must be
published in a newspaper of general circulation in the city not more than 30
days nor less than 20 days prior to the date of the election. The notice must take the form of an
approximate 1/4-page layout, which includes a map of property to be annexed and
unbiased information regarding the annexation.
(C) The Council will require that a minimum of 1
sign not greater than 6 square feet in size be posted on the property under
consideration for annexation. The sign
must include notice of the annexation election, a map of the subject property,
and unbiased information regarding the annexation.
(Ord. 102500, passed 10-25-2000)
§ 30.06 PROCEDURES FOLLOWING ELECTION.
(A) Proclamation
of annexation. If the annexation is
approved by the electorate, the Council by ordinance must set the final
boundaries of the annexed area by legal description and proclaim the annexation
in accordance with state law.
(B) Filing
of annexation records. The Council
must report all changes to the city boundaries to the City Recorder, County
Assessor, and the Secretary of State as required by state law.
(Ord. 102500, passed 10-25-2000)
ADMINISTRATIVE OFFENSES
§ 30.20 MISUSE OF EMERGENCY SERVICES DUE TO FALSE
ALARMS.
(A) Definitions. For the purpose of this section, the
following definitions shall apply unless the context clearly indicates or
requires a different meaning.
ALARM
SYSTEM. Any assembly of
equipment, mechanical or electrical, arranged to signal the occurrence of any
emergency requiring urgent attention, and to which police, fire, and emergency
medical personnel are expected to respond.
ALARM
USER. The person, firm,
partnership, association, corporation, company, or organization of any kind in
control of any building, structure, or facility, wherein an alarm system is
maintained.
BURGLARY
ALARM SYSTEM. An alarm system
signaling an entry or attempted entry into the area protected by the system
inclusive of silent and audible alarms.
CHIEF
OF POLICE. The director of
police services for the City of Banks or his or her designee.
CITY
COUNCIL. The governing body for
the city; all decisions and actions will be taken by this body.
FALSE
ALARM. An alarm signal elicited
a response by police when a situation requiring a response by the police does
not in fact exist. It does not include
an alarm signal caused by violent conditions of nature or other extraordinary
circumstances outside the control of the alarm business operator or alarm user.
HEARINGS
OFFICER. The person designated
by the City Council to conduct hearings related to appeals of notification of
false alarm or assessment of false alarm fees.
MAYOR. The chief administrative officer for the
city or his or her designee.
(B)
Response
to alarms.
(1) Whenever an alarm is activated in the City of
Banks, thereby requiring an emergency response to the location of the alarm by
the Police Department and the police do respond, the police personnel on the
scene of the activated alarm will inspect the area protected by the system and
will determine in fact whether or not the emergency response was required as
indicated by the alarm system, or whether the alarm signal was a false alarm.
(2) If the Police Department personnel at the
scene of the activated alarm system determines the alarm to be false, the
personnel will make a report of the false alarm.
(3) The City Council or designee will have the
right to inspect any alarm on the premises to which the response has been made
and may cause an inspection of the system to be made at any reasonable time
thereafter.
(C)
Excessive
false alarms and fee assessment.
(1) If any alarm system produces 1 false alarm in
any calendar year, the Council, or their designee, will provide, by certified
mail, written
notice requiring the alarm use to take corrective
action in regard to the false alarms and informing the alarm user of the false
alarm fee.
(2) Alarm users installing a new system or making
substantial modifications to an existing alarm will be entitled to a grace
period during which alarms generated by the systems will be deemed non-false
alarms. The grace period will cease 30
days after installation.
(3) The alarm fee for false alarms is dependent
upon the number of times that the police are required to respond to a false
alarm at any time past the initial first response.
(a) The first time police are summoned and it is
determined that the alarm is false will be at no charge to the alar user.
(b) The second time the police respond to an
alarm system and the alarm is found to be false, the person utilizing the alarm
system will be charged $25.
(c) The third time the police respond to an alarm
system and the alarm is found to be false, the person utilizing the alarm
system will be charged $50.
(d) The fourth time the police respond to an
alarm system and the alarm is found to be false, the person utilizing the alarm
system will be charged $75.
(e) The fifth and all subsequent times the police
respond to an alarm system and the alarm is found to be false, the person
utilizing the alarm system will be charged $100.
(D)
Appeal
of a false alarm.
(1) Any alarm user who has been notified of a
false alarm violation may appeal to the Banks Municipal Court by giving written
notice and posting a bond equal to the amount of the fee. This must be
one within 3 working days of receiving notice. Upon receipt of the appeal notice and bond,
a certain time will be set for a hearing.
(2) The appellant will be given reasonable notice
of such a hearing. Failure of the
appellant to appear at the hearing will result in the forfeiture of the
appealed bond, to the fines and fees to the City of Banks.
(3) The Municipal Judge or, in his or her place,
the City Council may designate a hearings officer, to hear the alarm user’s
appeal. The burden of proof will be
upon the appellant to show by a preponderance of the evidence that the alarm signaled
was not in fact a false alarm.
(4) Within 5 working days after receipt of all
relevant evidence and conclusions of the hearing, the Municipal Judge or
hearings officer will render a decision.
If the hearings officer determines that the appellant has met the burden
of proof, then the appeal bond will be released to the appellant and the false
alarm determination will be rescinded.
If the Municipal Judge or the hearings officer determines that the
appellant has not met the burden of proof, then the appeal bond will be
forfeited and applied to the Police Department’s fine and fees, appellant will
be liable for court costs, and the alarm will be entered as a false alarm.
(5) All unpaid fines and court costs may become a
lien against real property.
(Ord. 091200, passed 10-10-2000)
§ 30.21 NEGOTIATION OF A BAD CHECK.
(A) A person commits the offence of negotiation of
a bad check if the person makes, draws, or utters a check or similar sight
order for the payment of money, knowing that it will not be honored by the
drawee.
(B) For purposes of this section, unless the
check or order is postdated, it is prima facie evidence of knowledge that the
check or order would not be honored if:
(1) The drawer has no account with the drawee at
the time the check or order is drawn or uttered; or
(2) Payment is refused by the drawee for lack of
funds, upon presentation within 30 days after the date of utterance, and the
drawer fails to make good within 10 days after receiving notice of refusal.
(Ord. 8-10-96, passed 8-14-1996) Penalty, see § 10.99