Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.04 COUNCIL
2.04.010 Regular meetings.
2.04.020 Meeting place.
2.04.030 Attendance.
2.04.040 Resolutions.
2.04.050 Procedure.
2.04.060 Voting.
2.04.065 Motion approval – Quorum required.
2.04.070 Decorum.
2.04.080 Notice of special meetings.
2.08 NOMINATION AND ELECTION OF OFFICERS
2.08.010 Nominations.
2.08.020 Filing nominations.
2.08.030 Notice of nominations.
2.08.040 Wards.
2.12 MUNICIPAL COURT
2.12.010 Municipal Judge.
2.12.020 Pro tempore Municipal Judge.
2.12.030 Qualifications of judges.
2.12.040 Time for holding court.
2.12.060 Jury lists.
2.12.070 Selection of the jury.
2.12.080 Conduct of trial.
2.12.095 Payment of witness fees.
2.12.100 Payment of jurors.
2.12.110 Power of the Judge.
2.16 PLANNING COMMISSION
2.16.010 Established.
2.16.020 Membership regulations.
2.16.030 Duties designated.
2.16.040 Hearings Board – Appointment and terms – Chairperson.
2.16.050 Hearings Board – Duties.
2.20 PARKS AND RECREATION COMMISSION
2.20.010 Appointment.
2.20.020 Compensation and records.
2.20.040 Advisory capacity.
2.23 CITY TREE COMMISSION
2.23.010 City Tree Commission established.
2.23.020 Purpose.
2.23.030 Term of office and compensation.
2.23.040 Duties and responsibilities.
2.23.050 Procedures.
2.23.060 Review by City Council.
2.24 CIVIL SERVICE COMMISSION
2.24.010 Purpose and jurisdiction.
2.24.020 Appointment.
2.24.030 Meetings.
2.24.040 Secretary.
2.24.050 Subpoena powers.
2.24.060 Complaint filing.
2.24.070 Complaint form – Hearing deadline and notice.
2.24.080 Witness fees.
2.24.090 Evidence and counsel at hearing.
2.24.100 Findings, conclusions and orders.
2.25 ALBANY HUMAN RELATIONS COMMISSION
2.25.005 Established.
2.25.010 Purpose.
2.25.020 Criteria to be considered for appointment.
2.25.030 Term of office and initial appointment.
2.25.040 Duties and responsibilities.
2.25.050 Procedures.
2.28 EMERGENCY MANAGEMENT
2.28.010 Purposes.
2.28.020 Emergency defined.
2.28.030 Emergency Program Manager.
2.28.040 Powers and duties of the Emergency Program Manager.
2.28.050 Emergency Operations Planning Team.
2.28.060 Powers and duties of the Emergency Operations Planning Team.
2.28.070 Emergency organization – Composition.
2.28.080 Expenditures.
2.28.090 Violations – Penalties.
2.32 TRAFFIC SAFETY COMMISSION
2.32.010 Creation – Membership.
2.32.020 Purpose and duties.
2.32.030 Membership – Unrestricted among certain commissions.
2.44 VOLUNTEER FIRE DEPARTMENT
2.44.010 Purpose.
2.44.020 Membership.
2.64 PURCHASING (Repealed)
2.66 PROCUREMENT
2.66.010 Title.
2.66.020 Authority.
2.66.030 Local Contract Review Board/Contracting Agency.
2.66.040 Contracts that require City Council approval.
2.66.050 Interpretation of public contracting rules.
2.66.060 Exempt contracts.
2.66.070 Personal services contracts.
2.66.080 Disposition of surplus property.
2.66.090 Temporary extension or renewals.
2.72 AUDIT OF CITY BOOKS
2.72.010 Employment of accountant.
2.76 LANDMARKS ADVISORY COMMISSION
2.76.010 Created.
2.76.020 Members – Appointment.
2.76.030 Members – Terms.
2.76.040 Officers.
2.76.050 Authority.
2.88 INITIATIVE AND REFERENDUM PROCEDURES
2.88.010 Initiative and referendum process – Authority.
2.88.020 Procedures – Generally.
2.88.030 Referendum petitions – Procedures.
2.88.040 Procedure for initiative measures on a City ordinance, Charter or amendment to the Charter.
2.88.045 Time limitation for gathering initiative or referendum petition signatures.
2.88.050 Action after filing petition.
2.88.060 Questions proposed in the petition.
2.88.070 Voter’s pamphlets.
2.88.080 Qualification of signers of petitions.
2.92 PUBLIC LIBRARY BOARD
2.92.010 Public library established.
2.92.020 Public Library Board appointments and terms.
2.92.030 Duties of the Board.
2.92.040 City Council – Rights, privileges, duties.
2.96 ONE PERCENT FOR ART
2.96.010 One percent for art.
2.96.020 Exclusions.
2.96.030 Acquisitions.
2.100 PRIVATE PROPERTY COMPENSATION CLAIMS
2.100.010 Purpose.
2.100.020 Definitions.
2.100.030 Alternative claim resolution.
2.100.040 Measure 37 demands – Claim accrual.
2.100.050 Contents of demand for compensation – Place of filing.
2.100.060 Procedure and criteria for determining whether a claimant is entitled to compensation or waiver of a land use regulation.
2.100.070 Modification, removal, or waiver of land use regulation.
2.100.080 Private cause of action.
2.100.090 Application fee – Reimbursement of costs.
2.100.100 Transferability of land use regulation waiver.
Chapter 2.04
COUNCIL
Sections:
2.04.010 Regular meetings.
2.04.020 Meeting place.
2.04.030 Attendance.
2.04.040 Resolutions.
2.04.050 Procedure.
2.04.060 Voting.
2.04.065 Motion approval – Quorum required.
2.04.070 Decorum.
2.04.080 Notice of special meetings.
2.04.010 Regular meetings.
The regular meeting of the Council shall be held on the second and fourth Wednesdays of each month, commencing at the hour of 7:15 p.m. Notwithstanding the foregoing, the Council may by motion or resolution, set such different or additional meeting dates and times as it may deem appropriate. (Ord. 5013 § 1, 1992; Ord. 2722 § 1, 1956).
2.04.020 Meeting place.
All meetings shall be held in the City Hall or such other location as may be determined by the Council. (Ord. 5013 § 1, 1992; Ord. 4510 § 2, 1982; Ord. 2722 § 1, 1956).
2.04.030 Attendance.
If a quorum is not present, at a regular meeting or at any special meeting called pursuant to the requirements of Section 14 of the Charter, those members present may adjourn to a later time. (Ord. 5013 § 1, 1992; Ord. 2722 § 3, 1956).
2.04.040 Resolutions.
All resolutions shall be in writing and numbered consecutively in the order in which they are introduced. All resolutions shall be signed by the Mayor, or in the Mayor’s absence, by the Council president, and attested by the Recorder, or his/her deputy. A resolution shall receive only one reading before being put to adoption. (Ord. 5013 § 1, 1992; Ord. 4510 § 3, 1982; Ord. 2722 § 4, 1956).
2.04.050 Procedure.
All cases not specifically provided for herein or in the Charter shall be governed by Roberts’ Rules of Order. (Ord. 2722 § 5, 1956).
2.04.060 Voting.
Unless a member of the Council states that he/she is not voting, his/her silence shall be recorded as an affirmative vote. If a member of the Council states that he/she is not voting, his/her vote is not considered, either for or against the proposition. (Ord. 2722 § 6, 1956).
2.04.065 Motion approval – Quorum required.
At any meeting of a City committee, commission or board, where a quorum is present at the meeting, a majority of the quorum present voting on a question before the committee, commission or board, shall be necessary in order to approve a motion. (Ord. 5136 § 1, 1994).
2.04.070 Decorum.
The Chief of Police, or such member of the Police Department as he/she shall designate, shall be sergeant-at-arms of the Council. He/she shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum. (Ord. 2722 § 7, 1956).
2.04.080 Notice of special meetings.
Notice of special meetings of the Council may be given orally or in writing. The City Manager shall be responsible for the notification by telephone of all Councilors of any specially called Council meeting. Within five days after a Councilor shall take oath of office, he/she shall leave a permanent address within the City where all notices of special meetings are to be delivered and shall further designate a telephone number at which all notices of special Council meetings are to be called. Delivery of a written notice of a specially called Council meeting to the address given by the Councilor shall be at least 24 hours before the time of the specially called meeting. In case of an actual emergency, a meeting may be held upon such notice as is appropriate to the circumstances, but the minutes for the meeting shall describe the emergency justifying less than 24 hours notice. In the event a Councilor is notified of a specially called Council meeting by telephone, then the City Manager shall keep a log of the telephone calls in notifying the Councilor as to the number called and the date and time the call was made. Notices to Councilor of a specially called Council meeting shall be entered in the minutes of the special Council meeting and shall be a permanent record of the special meeting. (Ord. 5013 § 1, 1992; Ord. 4510 § 4, 1982; Ord. 3048 § 1, 1963; Ord. 2722 § 10, 1956).
Chapter 2.08
NOMINATION AND ELECTION
OF OFFICERS
Sections:
2.08.010 Nominations.
2.08.020 Filing nominations.
2.08.030 Notice of nominations.
2.08.040 Wards.
2.08.010 Nominations.
A person, having the qualifications as provided in Section 13 of the Charter may be nominated for office by either of the following methods:
(1) A person may declare himself/herself a candidate for elective office by filing with the Recorder, in substantially the following form, his/her declaration of candidacy, together with a filing fee of [____]:
DECLARATION OF CANDIDACY
I, ____________________, hereby declare myself as a candidate for the office of _______________ to serve for the ensuing term and say that I possess the necessary qualifications as described in Section 13, Charter of the City of Albany, Oregon.
DATED this ___ day of _________, ____.
_______________________________ (Signature of Candidate)
(2) A petition may be filed with the Recorder nominating a person as a candidate for office. The petition must contain 25 signatures of persons having the same qualifications as the office sought, as provided in Section 13 of the Charter. In addition, the candidate must sign an acceptance of nomination. When filed with the Recorder, the Recorder shall check the signatures for validity. A person signing a nominating petition shall sign only one petition for each office. (Ord. 5013 § 1, 1992; Ord. 2799 § 1, 1958).
2.08.020 Filing nominations.
Nominations shall be filed on and after August 5th, and before 5:00 p.m. on August 20th of each year of the biennial election. (Ord. 2799 § 2, 1958).
2.08.030 Notice of nominations.
Not less than 90 days prior to each general election, the City Recorder shall post on the bulletin board of the City Hall a list of officers to be elected at the next general election. This notice shall remain posted until nominations are closed. In addition, the Recorder shall cause to be published in a newspaper of general circulation, published within the City, a like notice on two occasions not more than 90 days nor less than 75 days prior to the general election.
The notice shall be substantially in the following form:
NOTICE OF RECEIVING NOMINATIONS
NOTICE IS HEREBY GIVEN that at the regular biennial election, the City of Albany will elect the following officers:
MAYOR
Term: January, 1 ____, to December 31, ____.
COUNCILOR, First Ward
Term: January 1, ____, to December 31, ____.
COUNCILOR, Second Ward
Term: January 1, ____, to December 31, ____.
COUNCILOR, Third Ward
Term: January 1, ____, to December 31, ____.
Nominations will be received at the office of the City Recorder on and after August 5th and until 5:00 p.m. on August 20th of this year. Nominations may be made by the declaration of candidacy, signed by the candidate, together with a filing fee of [____] or by the filing of a petition containing the signatures of 25 persons having the same qualifications as the office sought and an acceptance of nomination by the candidate. A person signing a petition shall sign only one petition for each office.
Qualifications as prescribed in the Charter of the City of Albany are as follows:
The candidate must be a qualified elector within the meaning of the Constitution of Oregon and have resided in the City during the 12 months immediately preceding the election and in the Ward he/she seeks to represent, in case of Councilor, for a period of 90 days immediately prior to election.
Forms for petitions and declarations are available at the office of the City Recorder.
DATED this ___ day of ______________, ____.
_______________________________ City Recorder
(Ord. 5013 § 1, 1992; Ord. 2799 § 3, 1958).
2.08.040 Wards.
For the purpose of municipal representation, the City is hereby divided into three wards designated and bounded as follows:
Ward I is hereby declared to include all of that property of the City north of the Willamette River; and all of that property of the City west of the following line: Beginning at the north boundary of the City of Albany and Pacific Boulevard (State Highway 99); hence westerly and southerly along the centerline of Pacific Boulevard to the center of the intersection with Oak Creek; hence follow westerly Oak Creek to the western boundary of the City of Albany; hence northerly along the City Boundary to the center of the Willamette River.
Ward II is hereby declared to include that property that is in the following area: Beginning at the intersection of the center of Pacific Boulevard and Geary Street; hence southerly along the centerline of Geary Street to the center of the Albany/Santiam Canal; hence westerly along the center of the Albany/Santiam Canal to a point which would be formed at the centerline of Lochner Road if it was extended to cross the Albany/Santiam Canal; hence following the southern City limits boundaries westerly to the farthest southwest city limit; hence northerly along the city limits to its intersection with Oak Creek; hence easterly following the southern boundary of Ward I; hence northerly following the eastern boundary of Ward I to the intersection of the center of Pacific Boulevard and Geary Street.
Ward III is hereby declared to include all of that property of the City that lies east of the following described line: Beginning at the north end of the boundary of the City of Albany that intersects with Interstate 5 and Pacific Boulevard; hence southerly along the centerline of Pacific Boulevard to the centerline of Geary Street; hence follow the easterly boundary of Ward II to the intersection of the southerly City limits.
(Ord. 5525 § 1, 2002; Ord. 5332 § 1, 1997; Ord. 5005 § 1, 1992; Ord. 4982 § 1, 1991; Ord. 4859 § 1, 1989; Ord. 4507 § 1, 1982; Ord. 3775 § 1, 1974; Ord. 3647 § 1, 1972; Ord. 2979 § 1, 1961; Ord. 2941 § 1, 1961; Ord. 2213 § 1, 1950).
Chapter 2.12
MUNICIPAL COURT
Sections:
2.12.010 Municipal Judge.
2.12.020 Pro tempore Municipal Judge.
2.12.030 Qualifications of judges.
2.12.040 Time for holding court.
2.12.060 Jury lists.
2.12.070 Selection of the jury.
2.12.080 Conduct of trial.
2.12.095 Payment of witness fees.
2.12.100 Payment of jurors.
2.12.110 Power of the Judge.
2.12.010 Municipal Judge.
The office of Municipal Judge of the Municipal Court of the City of Albany is hereby created. The holder of the office shall be selected by the Council to serve at the pleasure of the Council. (Ord. 2730 § 1, 1957).
2.12.020 Pro tempore Municipal Judge.
The office of pro tempore Municipal Judge of the Municipal Court of the City is hereby created. The holder of the office shall be selected by the Council to serve at the pleasure of the Council. The officer shall act only when the Municipal Judge is unable to perform his/her duties by reason of absence from the City, illness, vacations or disqualification by person of knowledge or relationship to the cause before him/her. The pro tempore Judge shall be compensated on a per diem basis. (Ord. 2730 § 2, 1957).
2.12.030 Qualifications of judges.
The holder of the office of Municipal Judge and pro tempore Municipal Judge shall be admitted to the practice of law before the Supreme Court of the State of Oregon. (Ord. 2730 § 3, 1957).
2.12.040 Time for holding court.
The Municipal Judge shall establish by appropriate order a regular time for holding court session on not less than a weekly basis. In addition to the time established by order of the court, Municipal Court may be held at such other times as the Judge deems necessary for the protective rights of a person charged with violations. (Ord. 3374 § 1, 1968; Ord. 2730 § 4, 1957).
2.12.060 Jury lists.
Upon passage of the ordinance codified in this chapter and upon the first days of January, April, July and October, thereafter, the Recorder shall select 350 names of persons who must have the qualifications of jurors in the State courts, from the registered voter lists to serve as a jury panel until the next panel is selected. No person shall be required to serve more than one term during any calendar year. The selection shall be made at random and the Recorder shall not attempt to select or reject any particular persons. No challenge to the panel may be made upon substantial compliance of this portion of this chapter. (Ord. 5530, 2002; Ord. 5013 § 1, 1992; Ord. 4545 § 2, 1982; Ord. 2730 § 5, 1957).
2.12.070 Selection of the jury.
At least seven days prior to the trial date, the defendant or his/her attorney and the City Attorney shall appear before the Municipal Judge. The judge shall then select 10 named by lot from the panel. The defendant or his/her attorney may then challenge four of the prospective jurors and the City two. Additional names shall be selected to replace those jurors challenged.
When 10 jurors have been selected, they shall be notified to appear at trial at the appointed time and place. From the 10 prospective jurors, six shall be selected to serve as the jury. No further preemptory challenge shall be made by either the defendant or the City, but a prospective juror may be excused for cause. (Ord. 4545 § 1, 1982; Ord. 2730 § 7, 1957).
2.12.080 Conduct of trial.
Trials shall be conducted as herein provided and all matters not specifically provided for herein shall be governed by the applicable statutes of the State for justice of the peace courts and shall include applicable statutes of the State regarding the introduction or admission of evidence. (Ord. 2730 § 8, 1957).
2.12.095 Payment of witness fees.
Persons who have been subpoenaed as witnesses to appear in Municipal Court shall be entitled to receive compensation at the rate of [____] per day plus mileage to and from their place of residence at the rate of [____] per mile. (Ord. 5013 § 1, 1992; Ord. 3684 § 1, 1973).
2.12.100 Payment of jurors.
The jurors who are notified to appear at trial and are selected and serve as actual jurors shall be entitled to receive compensation at the rate of [____] per day plus mileage to and from their place of residence at the rate of [____] per mile. Those jurors who are notified to appear at trial but are not selected as jurors shall be entitled to receive [____] per day plus mileage at the rate of [____] per mile to and from their place of residence. (Ord. 5013 § 1, 1992; Ord. 3684 § 2, 1973; Ord. 2730 § 10, 1957).
2.12.110 Power of the Judge.
The Judge shall have all inherent and statutory powers and duties of a justice of the peace within the jurisdictional limits of the City. The Chief of Police shall assist the Judge in the service of sub-
poenas, notices of jury duty and such other orders of the Court necessary for the proper conduct thereof.
The Judge may, by order, designate a member or members of the Police Department to act as a Clerk of the Court with authority to accept bail in accordance with a minimum bail schedule established by the Court.
The Judge shall be responsible for the keeping of such dockets and accounts necessary to properly record all proceedings of the Municipal Court.
In criminal cases in Municipal Court the cost and disbursements shall be added to the fine, penalty or sentence imposed provided, the Court, at its discretion in justifiable cases, may on behalf of the City, waive payment of all or part of the costs and disbursements. (Ord. 4545 § 4, 1982; Ord. 2730 § 11, 1957).
Chapter 2.16
PLANNING COMMISSION
Sections:
2.16.010 Established.
2.16.020 Membership regulations.
2.16.030 Duties designated.
2.16.040 Hearings Board – Appointment and terms – Chairperson.
2.16.050 Hearings Board – Duties.
2.16.010 Established.
There is established a Planning Commission for the City which shall act as the planning and land use advisory body to the City Council and shall have such other powers and authority as described in this chapter. (Ord. 3767 § 1, 1974; Ord. 1356 § 1, 1932).
2.16.020 Membership regulations.
(1) The Planning Commission shall consist of nine members appointed by the City Council.
(2) Commission members shall receive no compensation, but shall be reimbursed for duly authorized expenses.
(3) Any person appointed to membership upon the Planning and Zoning Commission may be removed by the City Council, after hearing, for misconduct or nonperformance of duty.
(4) Any vacancy shall be filled by the City Council for the unexpired term of the predecessor in office.
(5) No more than two voting members shall be engaged principally in the buying, selling or developing of real estate for profit as an individual, or be a member of a partnership, or officer or employee of any corporation that is engaged principally in the buying, selling or developing of real estate for profit.
(6) No more than two voting members shall be engaged in the same kind of business, trade or profession.
(7) All members of the Planning Commission shall be appointed for four year terms or until their respective successors are appointed and qualify.
(8) All members of the Planning Commission shall be residents of the City.
(9) No voting member shall be related to another voting member of the Commission nor to a member of the City Council closer than the third degree of either blood relationship or through affinity.
(10) In the event that any member of the Planning Commission changes residence after appointment so that s/he no longer resides within the City, his/her membership on the Commission shall immediately terminate.
(11) No member of the Commission shall vote on any question before the Commission in which said Commissioner has a direct or indirect financial interest nor in which any member of his/her family within the third degree has a direct or indirect financial interest. The interest of any Commission member shall be disclosed and entered on the minutes of the meeting.
(12) The Planning Commission shall, at its first meeting in January of each year, elect one of its members to serve as chairperson and another to serve as vice-chairperson. The Community Development Director of the City shall serve as secretary to the Planning Commission and shall keep accurate, permanent and complete records of all proceedings held before the Planning Commission. The chairperson or the presiding officer of the Planning Commission shall be entitled to vote on all questions that are before the Commission. The Planning Commission may adopt rules governing the transaction of its business which are consistent with the provisions of this chapter. (Ord. 5013 § 1, 1992; Ord. 4560 § 1, 1983; Ord. 3767 § 2, 1974).
2.16.030 Duties designated.
The Commission shall:
(1) Recommend and make suggestions to the City Council and to all other public authorities concerning the laying out, widening, extending, parking and locating of streets, sidewalks, bike paths, and boulevards, relief of traffic congestion, betterment of housing and sanitation conditions and establishment of zones of districts limiting the use, height, area and bulk of buildings and structures;
(2) Recommend to the City Council and all other public authorities plans for regulation of all future growth, development and beautification of the City in respect to its public and private buildings and works, streets, parks, grounds and vacant lots and plans consistent with future growth and development of the City in order to secure to the City and its inhabitants sanitation, proper service of all public utilities, and transportation facilities;
(3) Recommend to the City Council and all other public authorities plans for promotion, development and regulation of industrial and economic needs of the community in respect to private and public enterprises engaged in industrial pursuits;
(4) Make economic surveys of present potential possibilities of the municipality with view to ascertaining its industrial needs;
(5) Study needs of existing local industries with view to strengthening and developing local industries and stabilizing employment conditions;
(6) Prepare and submit to the City Council for adoption of a comprehensive land use plan and review this plan and recommend amendments as are from time to time deemed necessary;
(7) Advise the City Council as to needs for amendment and change in existing zones and development regulations;
(8) Do such other tasks as may be requested by the City Council. (Ord. 5013 § 1, 1992; Ord. 4560 § 1, 1983; Ord. 3767 § 3, 1974).
2.16.040 Hearings Board – Appointment and terms – Chairperson.
The Planning Commission shall appoint a committee of three of its members to act as a Hearings Board. A fourth person shall be appointed to act on an alternate basis only. Membership on the Hearings Board shall be for a period of two years. No more than one member shall be engaged in buying, selling or developing of real estate for profit. The first Hearings Board to be appointed shall consist of one member to serve a one year term and two members to serve a two year term and an alternate to serve a two year term. The Hearings Board may continue from time to time any hearing held by it except that no action of the Hearings Board for which a completed application has been received shall be continued for more than 60 days unless further extension is agreed to by the applicant.
The Hearings Board shall appoint one of its members as chairperson to preside at all hearings. The chairperson may designate any member of the Board to preside and perform duties in the absence of the chairperson. The chairperson shall decide all points of order of procedure unless otherwise directed by a majority of the Board in session at the time. The chairperson may designate members of the Board to make an inspection of premises if so desired. (Ord. 5013 § 1, 1992; Ord. 4560 § 1, 1983; Ord. 4245 § 1, 1979; Ord. 3767 § 4, 1974).
2.16.050 Hearings Board – Duties.
The Hearings Board will hear all contested cases which are referred to it by the Community Development Director or the Planning Commission. Any party may appeal from a decision of the Hearings Board to the entire membership of the Planning Commission and then to the City Council. (Ord. 5013 § 1, 1992; Ord. 4560 § 1, 1983; Ord. 3767 § 5, 1974).
Chapter 2.20
PARKS AND RECREATION COMMISSION
Sections:
2.20.010 Appointment.
2.20.020 Compensation and records.
2.20.040 Advisory capacity.
2.20.010 Appointment.
The Mayor shall appoint a commission to be known as the Parks and Recreation Commission with the appointment to be ratified by the City Council. There shall be five members appointed at large from within the City. The members shall be appointed for a term of three years, however, members appointed previously under the provisions of Chapter 2.20 shall continue in office until the expiration of their terms of office. Appointments made to replace those whose term of office has expired shall conform to the intent of Sections 2.20.010 through 2.20.040 and to provide for the expiration of the terms of office of two of the members each year except for each third year, when the term of office of only one member shall expire. (Ord. 5013 § 1, 1992; Ord. 3247 § 1, 1966; Ord. 3044 § 1, 1963; Ord. 2804 § 1, 1958).
2.20.020 Compensation and records.
The members of the Parks and Recreation Commission shall serve without pay. The Commission shall annually select one of its members as chairperson. All records and proceedings shall remain in the office of the City Recorder as one of the public records of that office. (Ord. 5013 § 1, 1992; Ord. 3247 § 1, 1966; Ord. 3044 § 2, 1963; Ord. 2804 § 2, 1958).
2.20.040 Advisory capacity.
The Parks and Recreation Commission shall be advisory to the City Council on matters pertaining to the operation and maintenance of recreation activities and facilities under the jurisdiction of the City. General functions and specific responsibilities of the Parks and Recreation Commission are as follows:
(1) General functions of the Commission:
(a) To define the objectives of public recreation services and make plans and general policies harmonizing with them;
(b) To maintain the highest quality and standards of recreation service;
(c) To interpret the importance and need of recreation services to the general public;
(d) To keep public officials informed of the status and progress of recreation services;
(e) To advise in the selection of the Parks and Recreation Director and in definition of his/her duties and responsibilities;
(f) To recommend a sound fiscal plan to achieve recreation goals;
(g) To recommend an adequate system of recreation areas and facilities;
(h) To assist in providing stability and continuity to general operations;
(i) To evaluate the services of the recreation system in relation to its objectives.
(2) Specific responsibilities of the Commission:
(a) Act in an advisory capacity to the City Council, the City Manager and the Parks and Recreation Director;
(b) Recommend policies as to recreation service for approval of the City Council;
(c) Advise the City Council on problems of development of recreation areas, facilities, programs and improved recreation services;
(d) Aid in coordinating the recreation services with the programs of other governmental agencies and voluntary organizations;
(e) Review the effectiveness of the Parks and Recreation Program with the Parks and Recreation Director and the City Manager;
(f) Interpret the policies and functions of the Parks and Recreation Department to the public;
(g) Review the annual budget of the Parks and Recreation Department before presentation to the City Manager and advise the Parks and Recreation Director on the development of long-range capital improvement programs.
(h) To carry out such other tasks as may be delegated to them by the City Council. (Ord. 5013 § 1, 1992; Ord. 3247 § 4, 1966; Ord. 3044 § 4, 1963; Ord. 2804 § 4, 1958).
Chapter 2.23
CITY TREE COMMISSION
Sections:
2.23.010 City Tree Commission established.
2.23.020 Purpose.
2.23.030 Term of office and compensation.
2.23.040 Duties and responsibilities.
2.23.050 Procedures.
2.23.060 Review by City Council.
2.23.010 City Tree Commission established.
There is hereby established a City Tree Commission for the City of Albany, which shall consist of five members. The members shall be appointed by the Mayor and ratified by the City Council. At least one member of the City Tree Commission shall be a representative from the field of arboriculture, landscape architecture, or otherwise have professional knowledge of trees and their care. Members shall be residents of the City of Albany or shall own property or maintain a business within the City of Albany. (Ord. 5269 § 1, 1997; Ord. 5096 § 1, 1993).
2.23.020 Purpose.
The City Tree Commission is established by the Albany City Council to promote and protect the public health, safety, and general welfare of the citizens of Albany by providing for the regulation of the planting, maintenance, and removal of trees in the City of Albany. (Ord. 5096 § 1, 1993).
2.23.030 Term of office and compensation.
City Tree Commission members shall each serve a three-year term with the exception of the original members. The term of office of the first member appointed shall expire on December 31, 1994; the terms of office of the second and third members appointed shall expire on December 31, 1995; and the terms of office for the fourth and fifth members appointed shall expire on December 31, 1996. Commission members shall serve without compensation. (Ord. 5096 § 1, 1993).
2.23.040 Duties and responsibilities.
It shall be the responsibility of the City Tree Commission to:
(1) Study, investigate, develop, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees in parks, and in public areas, which includes the public right-of-way. The plan will be presented to the City Council and upon their acceptance and approval shall constitute the City Tree Plan for the City of Albany. The Commission, when requested by the City Council, shall consider, investigate, make finding, report, and recommend upon any special matter or question coming within the scope of its work;
(2) Develop criteria for the City Forester to apply in making decisions entrusted to his/her discretion;
(3) Designate heritage trees on public and private lands within the City;
(4) Promote the planting and proper maintenance of trees through special events including an annual local celebration of Arbor Day;
(5) Obtain the annual Tree City USA designation by the National Arbor Day Foundation; and
(6) Review the discretionary decisions of the City Forester. (Ord. 5096 § 1, 1993).
2.23.050 Procedures.
The City Tree Commission shall elect a chairperson and a vice-chairperson and shall develop its own meeting schedule. A majority of the members shall constitute a quorum. The Commission shall keep a journal of its proceedings, which shall be kept on file in the office of the City Recorder. (Ord. 5096 § 1, 1993).
2.23.060 Review by City Council.
The City Council shall have the right to review the conduct, acts, and decisions of the City Tree Commission. Any person may appeal any ruling or order of the City Tree Commission to the City Council who may hear the matter and make a final decision. (Ord. 5096 § 1, 1993).
Chapter 2.24
CIVIL SERVICE COMMISSION
Sections:
2.24.010 Purpose and jurisdiction.
2.24.020 Appointment.
2.24.030 Meetings.
2.24.040 Secretary.
2.24.050 Subpoena powers.
2.24.060 Complaint filing.
2.24.070 Complaint form – Hearing deadline and notice.
2.24.080 Witness fees.
2.24.090 Evidence and counsel at hearing.
2.24.100 Findings, conclusions and orders.
2.24.010 Purpose and jurisdiction.
It is the purpose of the Civil Service Commission to hear and investigate complaints of improper personnel action or matters not covered by law, regulations, contract, or City personnel policy. (Ord. 4442 § 2, 1981).
2.24.020 Appointment.
The Civil Service Commission, referred to hereafter as the “Commission”, shall consist of three members. Members of the City Council shall be qualified to act as members of the Civil Service Commission. Members of the Commission should be appointed by the Mayor with approval of the City Council. Any member of the Commission who is not a member of the City Council should be appointed for a three-year term. Any member of the City Council appointed to the Commission shall serve for a term that terminates when membership on the City Council shall terminate. The chairperson for the Commission shall be elected by a majority vote of the Commission. (Ord. 4917, 1990; Ord. 4442 § 1(1), 1981).
2.24.030 Meetings.
A meeting may be called by any Commissioner. The Commissioner desiring the meeting must notify the chairperson of the Commission not less than three days prior to the meeting date. The chairperson shall notify the Commissioners of the time and place of the meeting. The notice of the meeting shall be posted as required by law. Two Commissioners shall constitute a quorum to conduct business. (Ord. 4442 § 1(2), 1981).
2.24.040 Secretary.
The Personnel Department shall provide secretarial and staff assistance to the Commission. The secretary shall record the minutes of the Commission and maintain all Civil Service Commission records. (Ord. 4442 § 1(3), 1981).
2.24.050 Subpoena powers.
The Commission has the power to administer oaths, subpoena witnesses, and compel production of books and papers pertinent to any investigation of hearing authorized by law. (Ord. 4442 § 4, 1981).
2.24.060 Complaint filing.
Written notice of complaint must be mailed to the Chairperson, Albany Civil Service Commission, P. O. Box 490, Albany, OR 97321, by certified mail no later than 10 days after the date of the alleged improper action. (Ord. 4442 § 3, 1981).
2.24.070 Complaint form – Hearing deadline and notice.
(1) All notices of complaint submitted by an appellant must be in writing and must set forth reasons why the action is believed to be improper and must also list the specific relief sought. The appeal shall be heard by the Commission within 30 days after receipt of the request. The Commission shall furnish the City Manager with a copy of the notice of complaint in advance of the hearing.
(2) Hearings shall be held in the Albany City Council Chambers in compliance with meeting laws. Written notice of hearing time and place shall be mailed to complainant and City Manager no later than 10 days prior to the hearing. (Ord. 4442 § 5(1), 1981).
2.24.080 Witness fees.
Every person served with a subpoena requiring his/her attendance before the Commission shall be entitled to the same fees and mileage as are allowed by law to witnesses in civil suits and actions, except that no person who is an employee of the City shall be entitled to any fee. The fees and mileage allowed by this section need not be prepaid, but the City shall provide for payment thereof when certified by the Commission. (Ord. 4442 § 5(2), 1981).
2.24.090 Evidence and counsel at hearing.
(1) Conduct of Hearings. A hearing before the Commission is intended solely for the purpose of receiving evidence either to refute or to substantiate specific charges which the Commission has been requested to examine. The Commission, in conducting such hearings, is not bound by the rules of evidence.
(2) Counsel or Representative. In presenting a complaint to the Commission, an employee may but is not required to have counsel. The complainant may examine and cross-examine witnesses, make statements, summarize testimony and otherwise conduct his/her own hearing. (Ord. 4442 § 5 (3, 4), 1981).
2.24.100 Findings, conclusions and orders.
(1) After investigating a complaint, the Commission will issue written findings of facts and conclusions. The Commission shall have the authority to affirm, overturn, or modify the complained of action.
(2) All hearings shall require the attendance of three Commissioners. All actions shall be upon a two-thirds majority vote. The Commission’s findings, conclusions, and orders shall be filed with the Albany City Council within 30 days of the hearing. The Commission’s findings, conclusions, and orders shall be final unless reversed or modified by the City Council within 30 days of receipt of the order. Written notice of findings, conclusions, and orders shall be mailed to the complainant and City Manager at the time it is filed with the City Council. (Ord. 4442 § 6, 1981).
Chapter 2.25
ALBANY HUMAN RELATIONS COMMISSION
Sections:
2.25.005 Established.
2.25.010 Purpose.
2.25.020 Criteria to be considered for appointment.
2.25.030 Term of office and initial appointment.
2.25.040 Duties and responsibilities.
2.25.050 Procedures.
2.25.005 Established.
There is hereby established a Human Relations Commission for the City of Albany which shall consist of seven members. Each Councilor and the Mayor shall appoint one member to the Commission; the appointment will then be ratified by the City Council. (Ord. 5671 § 1, 2007; Ord. 5665 § 1, 2007).
2.25.010 Purpose.
The Human Relations Commission is established by the Albany City Council to promote harmonious relations among the citizens of Albany. It is created to recommend programs, activities, ordinances, expenditures, and other appropriate governmental activities which will serve the goal of maintaining respectful interactions within our community. (Ord. 5671 § 1, 2007; Ord. 5665 § 1, 2007).
2.25.020 Criteria to be considered for appointment.
It is expected that each appointee will be committed to the philosophy of inclusion, equal opportunity, and fair treatment for all residents of Albany. The City Council will endeavor to appoint Commissioners who represent a cross-section of the entire community. Appointees must reside within the Albany City limits. (Ord. 5671 § 1, 2007; Ord. 5665 § 1, 2007).
2.25.030 Term of office and initial appointment.
The initial membership of the Human Relations Commission shall be established by the Mayor and Council. Three of the initially appointed members shall serve a three-year term, two of the initially appointed members shall serve a two-year term, and two of the initially appointed members shall serve for a one-year term. Initial terms of appointment will be staggered according to the alphabetical order of the appointee’s surname, beginning with three-year terms for those closest to the beginning of the alphabet. Thereafter, as the terms expire, the Mayor and each Councilor shall appoint replacement members for three-year terms. Members shall serve without compensation. Members may not serve more than six consecutive years on the Commission. After serving six consecutive years, a member must leave the Commission for one year before being eligible for reappointment. All members of the Human Relations Commission will serve at the pleasure of the Council and may be removed from their position by the Council at any time without cause. Any vacancies in the Commission shall be filled through appointment by the appropriate Councilor and ratification by the City Council. (Ord. 5671 § 1, 2007; Ord. 5665 § 1, 2007).
2.25.040 Duties and responsibilities.
The Human Relations Commission shall meet periodically in public sessions at dates, times, and places as may be established by the Commission. The Commission shall have the duty to make recommendations to the City Council and the City Manager as outlined in AMC 2.25.010. In formulating its recommendations, the Human Relations Commission shall strive for actions that lead to positive and respectful relations in the community. The duties of the Commission will not include the investigation or sanctioning of individual acts of unlawful or discriminatory behavior but will, instead, focus on recommending community activities that may be expected to promote positive change. The duties of the Human Relations Commission may be revised at any time, after public notice, by resolution. (Ord. 5671 § 1, 2007; Ord. 5665 § 1, 2007).
2.25.050 Procedures.
The Human Relations Commission shall elect a Chairperson and a Vice Chairperson. A majority of the members shall constitute a quorum. The Commission shall keep a journal of its proceedings, which shall be kept on file in the office of the City Recorder. (Ord. 5671 § 1, 2007).
Chapter 2.28
EMERGENCY MANAGEMENT1
Sections:
2.28.010 Purposes.
2.28.020 Emergency defined.
2.28.030 Emergency Program Manager.
2.28.040 Powers and duties of the Emergency Program Manager.
2.28.050 Emergency Operations Planning Team.
2.28.060 Powers and duties of the Emergency Operations Planning Team.
2.28.070 Emergency organization – Composition.
2.28.080 Expenditures.
2.28.090 Violations – Penalties.
2.28.010 Purposes.
The declared purposes of this chapter are to:
(1) Provide for the preparation and carrying out of plans for the protection of persons and property within this City in the event of an emergency; the direction of the emergency management organization; and the coordination of the emergency functions of this City with all other public agencies, corporations, organizations and affected private persons; and
(2) Implement the provisions of ORS Chapter 401. (Ord. 5142 § 1, 1994).
2.28.020 Emergency defined.
As used in this chapter, “emergency” means any manmade or natural event or circumstance causing or threatening loss of life, injury to person or property, human suffering or financial loss, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of oil or hazardous material as defined in ORS 466.695, contamination, utility or transportation emergencies, disease, blight, infestation, crisis influx of migrants unmanageable by the county, civil disturbance, riot, sabotage and war. (Ord. 5142 § 1, 1994).
2.28.030 Emergency Program Manager.
The City Manager is designated as the City of Albany Emergency Program Manager.
(1) The Emergency Program Manager may appoint an Emergency Management Coordinator to serve as his/her deputy and to coordinate the preparation of the Emergency Management Plan and operation of the City Emergency Operations Center.
(2) The City Emergency Program Manager shall be responsible for the development of the City Emergency Plan which shall provide for the effective mobilization of all of the resources of the City, both public and private, to meet any condition constituting a local emergency, and shall provide for the organization, powers and duties, services and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the City Council. (Ord. 5142 § 1, 1994).
2.28.040 Powers and duties of the Emergency Program Manager.
The Emergency Program Manager is empowered to:
(1) Request the City Council to proclaim the existence or threatened existence of a “local emergency” or to issue such proclamation if the City Council is not reasonably available. Whenever a local emergency is proclaimed by the Emergency Program Manager the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.
(2) Request the Governor, in coordination with the counties, to proclaim a “state of emergency” when, in the opinion of the Emergency Program Manager, the locally available resources are inadequate to cope with the emergency.
(3) Control and direct the effort of the emergency organization of this City for the accomplishment of the purposes of this Act.
(4) Direct cooperation between and coordination of services and staff of the emergency organization of this City, and resolve questions of authority and responsibility that may arise between them.
(5) Represent this City in all dealings with the public or private agencies on matters pertaining to emergencies as defined in this Act.
(6) In the event of the proclamation of a “local emergency” as provided in this section, the proclamation of a “state of emergency” by the Governor or the existence of a “state of war emergency,” the Emergency Program Manager is empowered, to the extent lawfully permissible:
(a) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council;
(b) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use;
(c) To require emergency services of any City officer or employee and, in the event of the proclamation of a “state of emergency” in Linn and Benton counties or the existence of a “state of war emergency”, to command the aid of as many citizens of this community as he/she deems necessary in the execution of his/her duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered emergency service workers;
(d) To requisition necessary personnel or material of any City department or agency; and
(e) To execute all of his/her ordinary power as City Manager, all of the special powers conferred upon him/her by this Act or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him/her by ORS Chapter 401, by any agreement approved by the City Council, and by any other lawful authority. (Ord. 5142 § 1, 1994).
2.28.050 Emergency Operations Planning Team.
The Emergency Operations Planning Team is created and shall consist of at least seven representatives as designated by the City Emergency Program Manager. (Ord. 5142 § 1, 1994).
2.28.060 Powers and duties of the Emergency Operations Planning Team.
The Emergency Operations Planning Team shall, under the supervision of the Emergency Program Manager, develop emergency plans and manage the emergency programs of this City, and shall have such other powers and duties as may be assigned by the Emergency Program Manager. (Ord. 5142 § 1, 1994).
2.28.070 Emergency organization – Composition.
All officers and employees of this City together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may, by agreement or operation of law, including persons impressed into service under the provisions of AMC 2.28.060(6)(c), charged with duties incident to the protection of life and property in this City during such emergency, shall constitute the emergency organization of the City. (Ord. 5142 § 1, 1994).
2.28.080 Expenditures.
Any expenditures made in connection with emergency activities, including mutual-aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City. (Ord. 5142 § 1, 1994).
2.28.090 Violations – Penalties.
It shall be a misdemeanor, punishable under the general penalty section provided in AMC 1.04.010, for any person, during an emergency to:
(1) Wilfully obstruct, hinder or delay any member of an emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this Act, or in the performance of any duty imposed upon him/her by virtue of this Act.
(2) Do any act forbidden by any lawful rule or regulation issued pursuant to this Act, if the act is of such nature as to give, or be likely to give, assistance to the enemy, or to imperil the lives and property of inhabitants of this City, or to prevent, hinder or delay the defense or protection thereof. (Ord. 5142 § 1, 1994).
Chapter 2.32
TRAFFIC SAFETY COMMISSION
Sections:
2.32.010 Creation – Membership.
2.32.020 Purpose and duties.
2.32.030 Membership – Unrestricted among certain commissions.
2.32.010 Creation – Membership.
There is created a Traffic Safety Commission consisting of five members to be appointed by the Mayor, subject to ratification of the City Council. (Ord. 4247 § 1, 1979; Ord. 3836 § 1, 1975; Ord. 2696 § 1, 1956).
2.32.020 Purpose and duties.
The purpose of this Commission is to promote the traffic safety through investigation, study and analysis of a traffic safety program; to conduct educational efforts among the public on matters of traffic safety; to consider all traffic safety programs which are referred to them for recommendation by the City Council and to make reports to the City Council on all matters of traffic safety and traffic safety programs. (Ord. 4247 § 1, 1979; Ord. 3836 § 1, 1975; Ord. 2696 § 2, 1956).
2.32.030 Membership – Unrestricted among certain commissions.
In order to provide for proper liaison between the Planning Commission, the City Council and the Traffic Safety Commission, nothing in this chapter shall be construed as restricting members of the City Council and the Planning Commission from serving on the Traffic Safety Commission. (Ord. 5013 § 1, 1992; Ord. 4247 § 1, 1979; Ord. 3836 § 1, 1975; Ord. 2696 § 3, 1956).
Chapter 2.44
VOLUNTEER FIRE DEPARTMENT
Sections:
2.44.010 Purpose.
2.44.020 Membership.
2.44.010 Purpose.
In addition to the regular City Fire Department, there may be organized in the City an organization to be known as the Volunteer Fire Department of the City of Albany, the object and purpose of which shall be to aid and assist the City Fire Department in its duties. (Ord. 4535 § 1, 1982; Ord. 2195 § 1, 1950).
2.44.020 Membership.
Volunteers to the Fire Department of the City shall be composed of persons who volunteer their services to assist the City in the prevention and extinguishment of fires. The Volunteers shall be under the direction of the Chief of the Albany Fire Department, or in his/her absence, the Assistant Chief. Volunteers shall, while on duty in assisting the Fire Department, conform to and comply with the directions of authorized officers of the City Fire Department. (Ord. 5013 § 1, 1992; Ord. 4535 § 1, 1982; Ord. 2195 § 1, 1950).
Chapter 2.64
PURCHASING
(Repealed by Ord. 5612)
Chapter 2.66
PROCUREMENT
Sections:
2.66.010 Title.
2.66.020 Authority.
2.66.030 Local Contract Review Board/Contracting Agency.
2.66.040 Contracts that require City Council approval.
2.66.050 Interpretation of public contracting rules.
2.66.060 Exempt contracts.
2.66.070 Personal services contracts.
2.66.080 Disposition of surplus property.
2.66.090 Temporary extensions or renewals.
2.66.010 Title.
This chapter shall be known and may be cited as the procurement ordinance of the City of Albany. (Ord. 5612 § 2, 2005).
2.66.020 Authority.
(1) Except as provided herein, or by subsequent ordinance or resolution, the model rules, Division 46, 47, 48 and 49, adopted by the Attorney General under ORS Chapters 279A, 279B and 279C as they now exist, and as they may be amended in the future, and in the Albany Municipal Code, are hereby adopted as the City’s public contracting rules. Words and phrases used by these rules that are defined in ORS Chapters 279A, 279B and 279C and in the model rules have the same meaning as defined in ORS Chapters 279A, 279B and 279C and the model rules. In the event that rules adopted by the Local Contract Review Board do not address a particular situation, the model rules apply. The terms of this chapter shall supplement the model rules. In the event of a conflict between this chapter and the model rules, this chapter shall control.
(2) Except as provided herein the model rules adopted by the Attorney General under ORS 279A, 279B and 279C (the “model rules”) do not apply.
(3) AMC 2.66.030 through 2.66.080 are adopted as the City’s public contracting rules. (Ord. 5612 § 2, 2005).
2.66.030 Local Contract Review Board/Contracting Agency.
The City Council of the City of Albany is designated and shall continue as the Local Contract Review Board under the State of Oregon Public Contracting Code. The Contract Review Board may, from time to time, delegate its powers and responsibilities consistent with the Oregon Public Contracting Code, the model rules, or the Albany Municipal Code. Except as may be specified in AMC 2.66.030 through 2.66.080 the City Manager is designated as the City’s “Contracting Agency” as that term is defined in ORS 279A.010(1b). With the authorization of the City Manager, the Chief Financial Officer/Assistant City Manager or any other Department Director may be delegated the power and authority of the “Contracting Agency” for purposes of contracting powers and duties assigned to the City of Albany as a “Contracting Agency” under the State of Oregon Public Contracting Code or the model rules. Except as otherwise provided in these rules, the powers and duties of the Local Contract Review Board, under the Public Contracting Code, shall be exercised and performed by the City Council of the City of Albany and all powers and duties given or assigned to Contracting Agencies by the Public Contracting Code shall be exercised or performed by the City Manager or his/her designee. (Ord. 5612 § 2, 2005).
2.66.040 Contracts that require City Council approval.
Notwithstanding any other provision of this chapter, large procurements, as defined herein, require City Council approval prior to execution. Large procurements mean procurements of goods, services, or public improvements with a value in excess of $150,000 and change orders or amendments to such contracts which in the aggregate exceed 10 percent of the original amount except for the personal services contract with the City Attorney, which shall be executed by the City Manager. The City Council will also approve the contract with the Municipal Judge. (Ord. 5612 § 2, 2005).
2.66.050 Interpretation of public contracting rules.
In furtherance of the goals of promoting fair, efficient, and cost effective purchasing and contracting, the Contracting Agency may interpret all public contracting rules and regulations so as to provide the City of Albany with the full use of all contracting powers and authorities described in ORS Chapters 279A, 279B, and 279C. (Ord. 5612 § 2, 2005).
2.66.060 Exempt contracts.
Except as may be modified by AMC 2.66.030 through 2.66.080, the following classes of public contracts are hereby exempted from competitive procurement and may be awarded in any manner which the City Manager deems appropriate including direct appointment or purchase:
(1) Any contract exempted by the State of Oregon Public Contracting Code or model rules including the following classes of contracts specifically exempted by the State of Oregon Public Contracting Code or model rules: ORS 279A.025, “Application of Public Contracting Code”; ORS 279A.180, “Purchases Through Federal Programs”; ORS 279A.190, OAR 137-046-0130, “Transfers of Fire Protection Equipment Between Fire Departments”; ORS 279A.200 et seq., “Cooperative Procurement”; and ORS 279A.220, “Interstate Cooperative Procurements.”
(2) Any agreement or condition of approval entered into with or required by the City of Albany for carrying out conditions of approval of a land use decision of the City of Albany. The term “land use decision” has the meaning provided by ORS 197.015.
(3) In the event of an emergency involving an immediate hazard to the public health, safety, or welfare, the City Manager, Chief Finance Officer, or Public Works Director may secure necessary goods and/or services without a formal competitive selection process. For any emergency contract in excess of $150,000 the Local Contract Review Board at a regularly scheduled meeting, within 30 days of the procurement, will be furnished with a full report of the circumstances and costs of the materials and/or services secured, and the method used for the selection of the particular contractor.
(4) Contracts for the purchase of copyrighted materials where there is only one supplier available within a reasonable purchase area for such goods.
(5) Contracts for the purchase of advertising, including that intended for the purpose of giving public or legal notice.
(6) Contracts for the purchase of services, equipment or supplies for maintenance, repair or conversion of existing equipment if required for efficient utilization of such equipment.
(7) Contracts for the purpose of investment of public funds or the borrowing of funds.
(8) Purchases of goods or services pursuant to a requirements contract which was established by a formal competitive selection process. Purchases may also be made at prices established by a requirement contract or other agreement between another public body and a contractor if the requirements contract was established by a formal competitive selection process.
(9) Contracts for purchase or sale of services, materials or products traditionally provided by the City.
(10) Contracts for the purchase of goods or services where the rate or price for the goods or services being purchased is established by federal, state or local regulating authority.
(11) Any other contract (including brand name specification contracts) where the public interest would be promoted by exempting the contract from the competitive bidding process; provided, that the Contract Review Board adheres to the Public Contracting Code and the model rules in making the exemption. (Ord. 5612 § 2, 2005).
2.66.070 Personal services contracts.
(1) Except for architect, engineers, land surveyors, and related service providers, whose appointment shall be governed by the model rules, the City Manager or his/her designee may determine the procedures to be employed in the selection of personal service contractors. These procedures may include any of the procedures authorized for the procurement of goods and services under the model code including direct appointment or acquisition. The City Manager may promulgate policies and procedures, which shall provide guidance concerning selection procedures to be employed for certain contracts or classes of contracts. Any policies and procedures adopted by the City Manager as provided above are for internal City purposes only and do not limit or proscribe the authority of the City Manager or his/her designate regarding any particular contract.
(2) “Personal services contract” means, in general, a contract with an independent contractor predominantly for services that require special training or certification, skill, technical, creative, professional or communication skills or talents, unique and specialized knowledge, or the exercise of judgment skills, and for which the quality of the service depends on attributes that are unique to the service provider. Such services specifically include, but are not limited to, the services of architects, engineers, land surveyors, attorneys, auditors and other licensed professionals, artists, designers, computer programmers, performers, consultants and property managers. The City Manager or designee shall have discretion to determine whether additional types of services not specifically mentioned in this subsection fit within the general definition of personal services. (Ord. 5656 § 1, 2006; Ord. 5612 § 2, 2005).
2.66.080 Disposition of surplus property.
The Contracting Agency shall have the authority to dispose of surplus property by any means determined to be in the best interest of the City with due regard for the value the City will receive from the disposal of the surplus property including but not limited to:
(1) Sale to the highest qualified buyer meeting the sale terms and the sale has been advertised at least once in a newspaper of general circulation in the Albany area not less than one week prior to the sale;
(2) Traded in on the purchase of replacement equipment or supplies;
(3) Sold at public auction advertised at least once in a newspaper of general circulation in the City of Albany not less than one week prior to the auction. The published notice shall specify the time, place and terms upon which the personal property shall be offered and a general description of the personal property to be sold;
(4) Sold at a fixed price retail sale;
(5) Donated to a unit of government or non-profit organization that will be expected to utilize it for the public benefit;
(6) Recycle, destroy, or otherwise dispose of the property when it is determined that the value and the condition of the property does not warrant the cost of sale;
(7) All personal property sold pursuant to this section shall be sold as-is without any warranty, either express or implied, of any kind;
(8) Sales of surplus personal property may be conducted electronically. (Ord. 5612 § 2, 2005).
2.66.090 Temporary extensions or renewals.
Contracts can be extended for a single period of one year or less, for the temporary extension or renewal of an expiring or nonrenewable, or recently expired contract (other than for public improvements). Contracts that are being renewed will be in accordance with their terms and are not considered to be newly issued contracts; therefore, they will not be subject to competitive procurement procedures. (Ord. 5622 §1, 2005).
Chapter 2.72
AUDIT OF CITY BOOKS
Sections:
2.72.010 Employment of accountant.
2.72.010 Employment of accountant.
At the beginning of each fiscal year, July 1st, the Council of the City shall employ a competent accountant or accountants to audit all books, accounts and records of the City for the previous year as kept by the several offices thereof. The accountant or accountants after having audited all books, accounts and records, shall make a written report of his/her or their findings to the Council. (Ord. 2155 § 1, 1949).
Chapter 2.76
LANDMARKS ADVISORY COMMISSION
Sections:
2.76.010 Created.
2.76.020 Members – Appointment.
2.76.030 Members – Terms.
2.76.040 Officers.
2.76.050 Authority.
2.76.010 Created.
There is created the Albany Landmarks Advisory Commission.
(1) Purpose and Intent. It is declared a matter of public policy that the protection, enhancement, perpetuation and use of improvements of special character or special historical interest or value is a public necessity and is required in the interest of health, prosperity, safety and welfare of the people. The purpose of this section is to:
(a) Effect and accomplish the protection, enhancement, and perpetuation of such improvements, and districts which represent or reflect elements of the City’s cultural, social, economic, political and architectural history;
(b) Safeguard the City’s historic and cultural heritage, as embodied and reflected in such landmarks and historic districts;
(c) Stabilize and improve property values;
(d) Foster civic pride in the beauty and noble accomplishments of the past;
(e) Protect and enhance the City’s attraction to residents, tourists and visitors and serve as a support and stimulus to business and industry;
(f) Strengthen the economy of the City;
(g) Promote the use of historic districts, landmarks and museums for the education, pleasure and welfare of the people of the City;
(h) Work for the continuing education of the citizens of Albany concerning the historic heritage of this City and its landmarks, sites and objects. (Ord. 4252 § 1, 1979; Ord. 3793 § 1, 1974).
2.76.020 Members – Appointment.
The Mayor of the City shall appoint a Landmarks Advisory Commission which will consist of seven members who are residents of the City. Each member shall have demonstrable knowledge, interest, or competence in historic preservation and additionally in one of the following fields: architecture, landscape architecture, history, art history, education, construction, real estate, development, urban planning, archaeology, law, finance, cultural geography, cultural anthropology, local history, or related disciplines. (Ord. 4825 § 1, 1988; Ord. 4252 § 1, 1979; Ord. 3793 § 2, 1974).
2.76.030 Members – Terms.
Two of the first members of the Landmarks Advisory Commission shall be appointed for one year, two members shall be appointed for two years and three members shall be appointed for three years. Except for the first members and appointments to fill vacancies, the terms of members of the Landmarks Advisory Commission shall be three years and until their successors are appointed and qualified. (Ord. 4252 § 1, 1979; Ord. 3793 § 3, 1974).
2.76.040 Officers.
The Commission members shall elect a chairperson and a secretary until the next succeeding first Monday in January and until their successors are elected. The secretary shall be charged with keeping a permanent and complete record of the proceedings of the Commission. The Commission shall adopt rules governing the transaction of its business and shall prepare and submit an annual budget and an annual report to the City Council. (Ord. 5013 § 1, 1992; Ord. 4825 § 1, 1988; Ord. 4252 § 1, 1979; Ord. 3793 § 4, 1974).
2.76.050 Authority.
The Commission shall, acting through the City Council, have the authority to do those things that are set forth in ORS 358.315, and, further, the Landmarks Advisory Commission shall serve in an advisory capacity and make recommendations concerning historic districts, conservation districts, buildings, and sites to the City Council, and Albany Planning Commission, and through the City Council to other public or private agencies on matters relating to the preservation of such districts, buildings, and sites. Their authority shall be as follows:
(1) The Commission may recommend for adoption such rules and regulations as it finds necessary or appropriate to carry out the intent of this article.
(2) The Commission shall compile and maintain a current list of all historic buildings and sites and objects which have been so designated pursuant to this article with a brief description of such building or site and the special reasons for its inclusion on such list.
(3) The Commission shall receive requests by any citizen, by owners of buildings or sites, or may on its own motion make recommendations concerning the designation of particular buildings and sites as historic buildings or historic sites.
(4) The Commission shall recommend removal from any list of designated historic buildings and sites such property as it finds no longer worthy of such designation.
(5) Conduct an educational program on historic properties within its jurisdiction.
(6) The Commission shall have authority to coordinate historical preservation programs of the City, county, state, and federal governments as they relate to property within the City.
(7) The Commission may recommend to the City Council or, if authorized by the City Council, to the Legislature of the State of Oregon any changes of law which it finds appropriate or needed.
(8) The Commission shall perform such other duties relating to historic landmarks and historical buildings, and sites as the City Council or the Mayor may request. (Ord. 4825 § 1, 1988; Ord. 4252 § 1, 1979; Ord. 3793 § 5, 1974).
Chapter 2.88
INITIATIVE AND REFERENDUM PROCEDURES
Sections:
2.88.010 Initiative and referendum process – Authority.
2.88.020 Procedures – Generally.
2.88.030 Referendum petitions – Procedures.
2.88.040 Procedure for initiative measures on a City ordinance, Charter or amendment to the Charter.
2.88.045 Time limitation for gathering initiative or referendum petition signatures.
2.88.050 Action after filing petition.
2.88.060 Questions proposed in the petition.
2.88.070 Voter’s pamphlets.
2.88.080 Qualification of signers of petitions.
2.88.010 Initiative and referendum process – Authority.
The people of the City are authorized to enact, amend or repeal all local laws for the City by initiative and referendum process. These powers are reserved to the people by Article IV of the Oregon Constitution. (Ord. 4251 § 1, 1979).
2.88.020 Procedures – Generally.
The manner of exercising initiative and referendum powers reserved by the Oregon Constitution to the people, as to municipal legislation of the City, shall be as set forth in this chapter. (Ord. 4251 § 2, 1979).
2.88.030 Referendum petitions – Procedures.
Referendum petitions against any ordinance, franchise or resolution passed by the City Council shall be signed by not less than 10 percent of the registered voters of the City. The signatures shall be verified by the County Recorder in the manner provided by state statute. Prospective petitions shall be filed with the City Recorder within 30 days after the passage of the ordinance, resolution or franchise. Any ordinance bearing an emergency clause shall not be subject to referendum. (Ord. 5059 § 1, 1993; Ord. 4251 § 3, 1979).
2.88.040 Procedure for initiative measures on a City ordinance, Charter or amendment to the Charter.
If any ordinance, Charter or amendment to the Charter of the City is proposed by an initiative petition, said initiative petition shall be signed by not less than 15 percent of the registered voters of the City. The signatures shall be verified by the County Clerk in the manner provided by state statute. (Ord. 5059 § 2, 1993; Ord. 4251 § 4, 1979).
2.88.045 Time limitation for gathering initiative or referendum petition signatures.
Petitioners seeking to exercise the initiative or referendum procedures granted by this chapter shall have a period of 90 days within which to gather the required signatures. The time for gathering petition signatures shall not commence until the time for filing a petition challenging the ballot title prepared by the City Attorney concerning the initiative or referendum shall have expired with no such challenge having been filed or, if such a challenge is filed, the wording of the ballot title is certified by order of the Circuit Court, whichever shall first occur. The time limitations for challenging a ballot title prepared by the City Attorney and the procedures for resolving such a challenge shall be as provided in state statute. Any signatures gathered prior to the time prescribed above shall be void and it shall be unlawful for any person to present an initiative or referendum petition for signature by any other person during the time that signature gathering is prohibited. Violation of this section shall be a misdemeanor punishable under the general penalty provided in AMC 1.04.010. (Ord. 5059 § 3, 1993).
2.88.050 Action after filing petition.
Upon receipt of an initiative or referendum petition and following the verification that the aforesaid petition contains the requisite number of valid signatures, the petition shall be transmitted to the next session of the City Council. If the City Council shall reject the petition, the City Recorder shall submit it to the voters of the City at the next election held not less than 90 days after the verified petition was first presented to the Council. (Ord. 5059 § 4, 1993; Ord. 4251 § 5, 1979).
2.88.060 Questions proposed in the petition.
The Council may ordain the ordinance or amendment and refer it to the people or it may ordain such ordinance without referring it to the people. If the latter is done, it shall be subject to referendum petition in like manner as other ordinances. If the Council rejects the ordinance or amendment or takes no action on it, it may ordain a competing ordinance or amendment, which shall be submitted by the City Recorder to the people of the City at the same election at which the initiative proposal is submitted. Said competing ordinance or amendment shall be prepared by the Council and ordained within 30 days allowed for its action on the measure proposed by the initiative petition. The Mayor shall not have the power to veto either of such measures. If conflicting ordinances or conflicting Charter amendments are submitted to the people at the same election and two or more conflicting measures are approved by the people, then the measure which receives the greatest number of affirmative votes shall be paramount in all particulars as to which there is conflict, even though such measure may not have received the greatest majority. (Ord. 4251 § 6, 1979).
2.88.070 Voter’s pamphlets.
Not less than 10 days before the election on which measures are to be voted upon, the City Recorder shall, when so directed by the City Council cause copies of voter’s pamphlets containing such measures to be distributed in such a manner that a copy is available to each registered elector in the City. Arguments supporting or opposing municipal measures shall be filed with the City Recorder in conformance with the requirements of ORS 255.415. The person or organization filing any argument in support or opposing municipal measures shall pay to the City Recorder, at the time of filing such argument, a fee determined by the City Recorder to be sufficient to pay all the expenses for paper and printing of the argument, excluding binding, and the voter’s pamphlet. When such arguments are printed in the voter’s pamphlet and the cost finally determined, the City Recorder shall refund, to the person or organization who paid it to him/her, any surplus fee. The cost of printing, binding and distributing the arguments should be paid by the City, it being intended that only the cost of the paper in printing the arguments, excluding binding, shall be paid by the person or organizations filing them. It is intended to make the procedure, set forth in this chapter as nearly as practicable, the same as the initiative and referendum procedure for measures relating to people in the State at large. (Ord. 4510 § 5, 1982; Ord. 4251 § 7, 1979.)
2.88.080 Qualification of signers of petitions.
Any registered voter of the City may sign a petition for referendum or for the initiative of any measure which he/she is entitled to vote upon. No person shall sign any name other than his/her own to any petition or knowingly sign his/her name more than once for the same measure at one election; nor shall anyone sign who is not, at the time of signing, a registered elector of the State of Oregon. (Ord. 4251 § 8, 1979).
Chapter 2.92
PUBLIC LIBRARY BOARD
Sections:
2.92.010 Public library established.
2.92.020 Public Library Board appointments and terms.
2.92.030 Duties of the Board.
2.92.040 City Council – Rights, privileges, duties.
2.92.010 Public library established.
A public library is hereby established under the provisions of Oregon Revised Statutes Sections 357.400 through 357.621, and shall be known as the Albany Public Library. (Ord. 4912 § 1, 1990).
2.92.020 Public Library Board appointments and terms.
There is hereby created a Public Library Board which shall consist of seven members. The Mayor shall appoint the members of the Board, with their appointment to be ratified by the City Council. The members shall be appointed at large from within the City. All members of the Board who have been appointed under the current policy of the City of Albany shall continue in office until the expiration of their terms of office. The first appointments made under this chapter shall be made so that two members’ terms expire each year except in the third year in which one member’s term shall expire. It is the intention that no more than two members’ terms shall expire in any one year. Appointments made under this chapter shall be for terms of four years. (Ord. 5678 § 1, 2007; Ord. 4912 § 1, 1990).
2.92.030 Duties of the Board.
(1) The Public Library Board shall be advisory to the City Council in all matters pertaining to the operation, maintenance, activities and facilities of the Albany Public Library. General functions and responsibilities of the Board are as follows:
(a) Define the objectives of the Albany Public Library and propose plans and general policies harmonizing with them.
(b) Maintain the highest quality and standards of library service.
(c) Interpret the importance and need of library services to the general public.
(d) Keep public officials informed of the status and progress of library services.
(e) Advise in the selection of the Library Director and the definition of his/her duties and responsibilities.
(f) Recommend a sound fiscal policy to achieve library goals.
(g) Recommend an adequate system of library facilities.
(h) Assist in providing stability and continuity in general library operations.
(i) Evaluate the services of the Albany Public Library in relation to its objectives.
(2) In addition to the general functions of the Board, the following specific responsibilities are established:
(a) Act in an advisory capacity to the City Council, the City Manager and the Library Director.
(b) Recommend policies as to library services for the approval of the City Council.
(c) Advise the City Council of problems in development of library facilities, programs and improvement of services.
(d) Aid in coordinating library services and programs of the State Librarian and other regional libraries.
(e) Review the effectiveness of the library program with the Library Director and the City Manager.
(f) Interpret the policies and functions of the Library Department to the public.
(g) Review the annual budget of the library before presentation to the City Manager and to advise the Library Director in the development of long-range capital improvement programs.
(h) Resolve questions dealing with the selection and purchase of intellectual materials and all intellectual freedom challenges.
(i) Administer special trusts which may be established for library purposes. (Ord. 5678 § 1, 2007; Ord. 4912 § 1, 1990).
2.92.040 City Council – Rights, privileges, duties.
The City Council does reserve unto itself all of the rights, privileges and duties as established under Oregon Revised Statutes, Sections 357.400 through 357.621. (Ord. 4912 § 1, 1990).
Chapter 2.96
ONE PERCENT FOR ART
Sections:
2.96.010 One percent for art.
2.96.020 Exclusions.
2.96.030 Acquisitions.
2.96.010 One percent for art.
(1) All appropriations for the construction or alteration of any building of the City of Albany, except as exempted in AMC 2.96.020, shall contain an appropriation of one percent of the cost of the construction or alteration for the acquisition of works of art that may be an integral part of the building or may be capable of display in other City of Albany buildings.
(2) When it would not be appropriate to place works of art in a given City building or if artwork placed in that building could not be viewed by the general public, the funds required in subsection (1) of this section will be used to purchase works of art for placement in other City buildings or facilities that are open to the public. (Ord. 5385 § 1, 1998).
2.96.020 Exclusions.
The provisions of this section shall not apply to:
(1) Any construction, physical plant rehabilitation, improvement, or remodeling project that has an estimated cost of less than $500,000.
(2) Indirect construction or alteration costs, such as inspection fees, professional services, interest under construction, advertising, furnishings, soil testing, construction permits, and legal fees.
(3) Remodeling or renovation projects in which more than 75 percent of the project cost represents improvements to mechanical or electronic systems.
(4) Projects for construction or alteration of motor pools, heating plants, parking lots, maintenance sheds, roads, bridges, sewer lines, rest room facilities at City parks, water lines, wastewater treatment plants, or water treatment plants.
(5) Construction projects that are under way upon adoption of the ordinance codified in this chapter. (Ord. 5385 § 1, 1998).
2.96.030 Acquisitions.
(1) The Albany Arts Commission or other person or agency selected by the Albany City Council, in consultation with the City Manager, the affected department or departments, and the architect for the particular building, shall determine the amount available for each City building, shall solicit proposals for suitable works of art, and shall contract for and purchase selected works of art for each City building constructed or altered after adoption of this section.
(2) The Albany Arts Commission or other person or agency selected by the Albany City Council shall be solely responsible for the placement and acceptance of all works of art acquired pursuant to this section.
(3) To the extent reasonable, the Albany Arts Commission or other person or agency selected by the Albany City Council shall consult with appropriate citizens groups and the affected City department or departments in determining the selection and placement of the works of art.
(4) Title to all works of art acquired pursuant to this chapter vests with the City of Albany. (Ord. 5385 § 1, 1998).
Chapter 2.100
PRIVATE PROPERTY
COMPENSATION CLAIMS
Sections:
2.100.010 Purpose.
2.100.020 Definitions.
2.100.030 Alternative claim resolution.
2.100.040 Measure 37 demands – Claim accrual.
2.100.050 Contents of demand for compensation – Place of filing.
2.100.060 Procedure and criteria for determining whether a claimant is entitled to compensation or waiver of a land use regulation.
2.100.070 Modification, removal, or waiver of land use regulation.
2.100.080 Private cause of action.
2.100.090 Application fee – Reimbursement of costs.
2.100.100 Transferability of land use regulation waiver.
2.100.010 Purpose.
The purpose of this chapter is to accomplish the following regarding demands for compensation under ORS Chapter 197, as amended by Ballot Measure 37, passed November 2, 2004:
Process demands for compensation quickly, openly, thoroughly, and consistently with the law; enable present real property owners making demands for compensation to have an adequate and fair opportunity to present their demands to the city’s decision-maker; provide the city’s decision-maker with the factual and analytical information necessary to adequately and fairly consider demands for compensation and take appropriate action under the alternatives provided by law; preserve and protect limited public funds; preserve and protect the interests of the community; and establish a record of decisions capable of withstanding legal review.
(Ord. 5583 § 1, 2004).
2.100.020 Definitions.
As used in this chapter, the following words and phrases mean:
(1) “City Manager” means the City Manager of the City, or his or her designee.
(2) “Claim” means a claim filed under Measure 37.
(3) “Exempt land use regulation” means a land use regulation that:
(a) Restricts or prohibits activities commonly and historically recognized as public nuisances under common law;
(b) Restricts or prohibits activities for the protection of public health and safety, such as fire and building codes, health and sanitation regulations, solid or hazardous waste regulations, and pollution control regulations;
(c) Is required in order to comply with Federal law;
(d) Restricts or prohibits the use of property for the purpose of selling pornography or performing nude dancing; or
(e) Was enacted prior to the date of acquisition of the property by the owner or a family member of the owner.
(4) “Family member” includes the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild, grandparent, or grandchild of the owner of the property, an estate of any of the foregoing family members, or a legal entity owned by any one or combination of these family members or the owner of the property.
(5) “Land use regulation” includes:
(a) Any statute regulating the use of land or any interest therein;
(b) Administrative rules and goals of the Land Conservation and Development Commission; and
(c) Local government comprehensive plans, zoning ordinances, land division ordinances, and transportation ordinances.
(6) “Owner” means the present owner of the property or any interest therein.
(7) “Valid claim” means a claim submitted by the owner of real property that is subject to a land use regulation adopted or enforced by the City that restricts the use of private real property in a manner that reduces the fair market value of the real property. (Ord. 5583 § 1, 2004).
2.100.030 Alternative claim resolution.
(1) As an alternative to a Measure 37 claim, a current owner of real property who seeks the waiver of a land use regulation may apply to the City Manager for said waiver on a form which the City shall provide for such purpose. Upon receipt of an application for waiver pursuant to this section, the City Manager shall schedule a meeting with the property owner and appropriate City representatives to review the owner’s claim. If the City Manager concludes that the property owner is entitled to some form of compensation or waiver pursuant to the provisions of Measure 37, City staff will work with the applicant in an effort to agree upon the minimum waiver which will allow the property owner his or her desired use while minimizing the negative impact on other properties within the City.
(2) If the property owner and the City Manager come to an agreement concerning the property owner’s entitlement to a Measure 37 waiver and the terms thereof, the owner shall thereafter file a formal Measure 37 claim pursuant to AMC 2.100.040 which thereafter will be presented to the City Council as a joint recommendation of the property owner and the City Manager.
(3) If the City Council approves the alternative claim resolution, the application fee provided in AMC 2.100.090 shall be waived. In addition, if the City Council concludes, following a public hearing, as provided at AMC 2.100.060(2), that it is in the public interest to do so, it may order that the private cause of action provided in AMC 2.100.080 shall not apply to any subsequent use of the subject property in conformance with the terms of the alternative claim resolution. (Ord. 5663 § 1, 2007; Ord. 5583 § 1, 2004).
2.100.040 Measure 37 demands – Claim accrual.
(1) The current owner of real property may submit a demand for just compensation under Measure 37 if the City enforces a land use regulation, other than an exempt regulation, against the property; the land use regulation was enacted after the date the current owner or, in proper case, a family member of the owner acquired the real property; the land use restricts uses permitted on the real property; and the restriction imposed by the land use regulation has the effect of causing a reduction in the fair market value of the real property.
(2) Any current owner who intends to assert a Measure 37 claim shall make that intention known at the time the owner submits an application for any permit that would result in the use of the land use regulation that would be the basis for the Measure 37 claim as an approval criteria.
(3) No enforcement shall be deemed to have occurred merely because the current owner has submitted a demand for just compensation to the City and the demand for just compensation was denied. Nothing in this section shall be deemed to prevent the City from engaging in the alternative claim resolution process prior to the date the land use regulation is enforced against the current owner’s real property. (Ord. 5583 § 1, 2004).
2.100.050 Contents of demand for compensation – Place of filing.
(1) A Measure 37 demand for compensation shall be filed on a form created for such purpose by the City Manager.
(2) Demands for Measure 37 compensation shall be filed with the City Manager. (Ord. 5583 § 1, 2004).
2.100.060 Procedure and criteria for determining whether a claimant is entitled to compensation or waiver of a land use regulation.
(1) A land use regulation may be waived or compensation paid pursuant to the provisions of this chapter only if the Albany City Council determines that the claimant is entitled to such relief pursuant to the provisions of Measure 37, ORS 197.352.
(2) The determination of a claimant’s entitlement to waiver of a land use regulation or compensation shall be made following a public hearing held for that purpose.
(3) Notice of the public hearing shall be posted on or adjacent to the property and in two public places in the City of Albany and mailed to property owners of record having property within 100 feet of the claimant’s affected property. The notice shall be posted and mailed not fewer than 10 days prior to the public hearing. Failure to give or receive notice shall not invalidate any City Council decision.
(4) If a claimant is determined, by the Albany City Council, to be entitled to compensation pursuant to the terms of this chapter, the Albany City Council shall then determine whether to grant a waiver or pay compensation. This decision is legislative in nature and rests within the legislative discretion of the Albany City Council and should be based upon the Albany City Council’s determination of the best interests of the community.
(5) The Albany City Council may, by motion or resolution, supplement the procedures and criteria set forth in this section. (Ord. 5663 § 2, 2007; Ord. 5583 § 1, 2004).
2.100.070 Modification, removal, or waiver of land use regulation.
If the City Council directs that the land use regulation in question be modified, removed, or waived, with regard to the property subject to the Measure 37 claim, then the current owner shall be allowed to use the real property for such use as the modification or waiver allows. (Ord. 5583 § 1, 2004).
2.100.080 Private cause of action.
If the City Council’s waiver of a land use regulation causes a reduction in value of other property located in the City, the owner(s) of the other property shall have a cause of action in the appropriate Oregon Circuit Court to recover from the owner(s) (of the property subject to the demand) in the amount of such reduction in value or to seek an injunction. A person who recovers for a reduction in value of property under this section, or who obtains an injunction, shall also be entitled to recover attorneys’ fees and costs from the owner(s) (of the property subject to the demand). This section does not create a cause of action against the City of Albany. In addition, the City Council may provide that a private cause of action not be created against a property owner who obtains a waiver pursuant to the alternative claim resolution procedure set forth in AMC 2.100.030. (Ord. 5583 § 1, 2004).
2.100.090 Application fee – Reimbursement of costs.
If a claim is denied and ultimately determined to be invalid, the claimant shall pay, as an application fee, an amount necessary to reimburse the City for all of the City’s costs incurred in processing the claim. This sum shall include, but not be limited to, the City’s attorneys’ fees, expert witness fees, appraisal fees, employee costs, and any and all other sums necessary to completely reimburse the City for expenses incurred in processing or defending against an invalid claim. If the costs remain unpaid 90 days after the City provides a detailed invoice demanding reimbursement of costs, a lien for those costs shall be recorded in the City lien dockets for the property which was the subject of the claim. If the alternative claims resolution process set forth at AMC 2.100.030 results in a joint recommendation for approval which is not approved by the City Council, the City will waive reimbursement of any fee/costs incurred prior to the decision of the City Council. (Ord. 5583 § 1, 2004).
2.100.100 Transferability of land use regulation waiver.
No waiver of a land use regulation pursuant to the provisions of this chapter shall be assignable or transferable to any third party except to the extent required by law. (Ord. 5663 § 3, 2007).
Footnotes
