Chapter 1.01
GENERAL
Sections:
1.01.010 Code Designated.
1.01.020 Definitions.
1.01.030 Rules of Construction.
1.01.040 Acts of Substitute Officers.
1.01.050 Continuation of Existing Ordinances.
1.01.060 Effect of Code on Past Actions and Obligations Previously Accrued.
1.01.070 Exclusions.
1.01.080 Amendment and Repeal of Code Sections.
1.01.090 Severability of Parts of Code.
1.01.100 Catchlines of Sections.
1.01.110 Service of Notice.
1.01.120 Alternative Manner of Service.
1.01.010 Code Designated.
All ordinances included in this and the following chapters constitute and are designated “The Beaverton Code, 1982” and will hereafter be referred to as “this Code” or the “Code”. When referring to specific sections of the Code, the letters “BC” should precede the numerical designation.
1.01.020 Definitions.
The following words and phrases, unless inconsistent with the intent of the Council, or the context clearly requires otherwise, or unless a different meaning is defined and directed to the use of such words or phrases, mean:
City – The City of Beaverton, if the provision involves a duty owed the City in its governmental or corporate capacity; the officer, department, or agency of the City indicated by the context, or where the context does not clearly indicate a specific officer, department or agency, then the mayor or the mayor’s designee. “City” also includes, depending upon the context, the area within the territorial city limits of the City and territory outside the City over which the City acquires jurisdiction or control by any constitutional or Charter provision or by any law.
City lien docket, lien docket – The record keeping device or instrumentality used for maintaining the principal balance, interest and other obligations, certified as accurate by the City’s finance director, which are or have been owing to the City, and which device includes, but is not limited to, ledger books, microfilm, microfiche, computer memory storage and computer printouts.
Council – City Council of Beaverton, as defined by City Charter.
County – Washington County, Oregon.
Day – The period of time between any midnight and the midnight following.
Days – A calendar day, except when “working days” is used. [Added by Ordinance No. 3323, 5/24/83]
Daytime; nighttime – “Daytime” is the period of time between sunrise and sunset. “Nighttime” is the period of time between sunset and sunrise.
Department, board, commission, office, officer or employee – A department, board, commission, office, officer or employee of the City.
Development Code – Ordinance No. 2050, as now or hereafter amended or replaced by comparable provisions.
Interest – Interest accrued at the rate set by resolution of the Council which shall be the legal rate of interest established by Oregon Revised Statutes at the time the resolution is passed.
Joint authority – All words giving joint authority to three or more persons or officers comprising a board or commission shall be construed as giving authority to a quorum of the board or commission members unless the ordinance specifically provides otherwise.
Minor – A person under the age of 18 years.
Month – A calendar month, except where otherwise provided.
Number – The singular number includes the plural and the plural, the singular.
Office – The use of the title of an officer, employee, or an office, or ordinance or Charter shall mean the officer, employee, office, ordinance or City Charter, unless otherwise specifically designated.
Oath – Includes affirmation.
Official time – When certain hours are specified in the Code, they mean the United States standard of time as established by the Congress of the United States for the State of Oregon under the Act of March 19, 1918, (15 USC 261) except that from 2 a.m. on the last Sunday in April until 2 a.m. on the last Sunday in October the standard of time shall be one hour in advance of the standard established for the State of Oregon by the Congress under the Act of March 19, 1918.
Or, and – “Or” may be read “and”, and “and” may be read “or,” if the Council determines that the sense requires it.
ORS – Oregon Revised Statutes.
Owner – A fee title owner, part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of the building or land, or vendee in possession under a land sale contract; but owner does not include tenant.
Peace officer – A member of the Oregon State Police, a sheriff, constable, marshal, or municipal police officer or other municipal officer or employee charged with the responsibility of enforcing municipal ordinances.
Person – Individuals, corporations, associations, firms, partnerships, joint stock companies, joint ventures, club, company, business trust, governmental subdivision, State of Oregon, or public or private organization of any kind, or the manager, lessee, agent, servant, officer, or employee of any of them.
Personal property – Every species of property, except real property as defined in this section.
Preceding, following – Next before and next after, respectively.
Process – A writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
Property – Both real and personal property.
Real property – Lands, tenements and fixtures to land.
Recorder, city recorder – The person(s) designated by the mayor to be the custodian of the City’s records.
Shall, must and may – “Shall and must” is mandatory and “may” is permissive.
Signature or subscription by mark – “Signature” or “subscription” includes a mark when the signer or subscriber cannot write, the signer’s or subscriber’s name being written near the mark by a witness who writes his or her own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses sign their own names to it, or when notarized.
State – The State of Oregon.
Tenant or occupant – A person holding a written or an oral lease of, or who occupies the whole or a part of, the building or land, either alone or with others, regardless of the term of the lease.
To – “To” means “to and including” when referring to a series of sections of this Code or the Oregon Revised Statutes.
Week – Seven consecutive days.
Working days – The days the City is officially open for business: Monday through Friday, excluding official holidays. [Added by Ordinance No. 3323, 5/24/83]
Writing – When notice in writing is given, writing means handwriting, typewriting, printing, photostating, photographing, and every means of recording including letters, words, pictures, sounds or symbols or combinations of them, and all papers, maps and photographic films and prints.
Year – A calendar year, except where otherwise provided.
1.01.030 Rules of Construction.
The following rules of construction shall be observed unless inconsistent with the intent of the Council or the context clearly requires otherwise.
A. Computation of Time. The time within which an act is to be done is computed by excluding the first day and including the last unless the last day falls upon a legal holiday as defined in ORS 187.010 and 187.020 or on Sunday, in which case the last day is also excluded.
B. Gender. Any gender includes the other genders.
C. Singular and Plural. The singular includes the plural and the plural includes the singular.
D. Tenses. Words used in the present tense include the past and the future tenses and vice versa.
E. Use of Words and Phrases. Words and phrases used in this Code that are not specifically defined shall be construed according to the context and approved use of the language.
F. Construction. The provisions of this Code and all proceedings under it are to be construed to effect its objects and to promote substantial justice.
G. Service by Mail. Whenever this Code requires or authorizes service by mail, it shall be sufficient if the document or notice is:
1. Delivered personally to the person to be served;
2. Delivered at the dwelling house or usual place of abode of the person to be served to any person over 14 years of age residing in the dwelling house or usual place of abode of the person to be served;
3. Delivered to an office maintained for the conduct of business by the person to be served during normal working hours and left with the person who is apparently in charge.
1.01.040 Acts of Substitute Officers.
Unless this Code or the Charter provides to the contrary, the authorized representatives or deputies of City department heads, may exercise any power granted by this Code to the department head. The department heads remain responsible for the performance of the acts.
1.01.050 Continuation of Existing Ordinances.
The provisions of this Code, so far as they are the same as those of ordinances existing at the time of the effective date of this Code, shall be considered as continuations and not as new enactments.
1.01.060 Effect of Code on Past Actions and Obligations Previously Accrued.
The adoption of this Code or the repeal of an ordinance of this City shall not: (1) affect the prosecution for violation of ordinances committed prior to the effective date of this Code; (2) be construed as a waiver of a license or penalty due under an ordinance, at the effective date of this Code; (3) be construed as affecting the provisions of the ordinance relating to the collection of the license or penalty or the penal provisions applicable to a violation of the ordinance; (4) to affect the validity of a bond or cash deposit in lieu of a bond, required to be posted, filed or deposited under an ordinance; (5) affect rights and obligations under these ordinances.
1.01.070 Exclusions.
Notwithstanding inclusion within this Code of the general subject matter pertaining to the ordinances listed below in whole or in part, unless specifically listed, this Code does not repeal or amend: (1) any special ordinance affecting less than the general public; (2) any ordinance affecting the general public on a temporary basis; (3) any ordinance relating to or resulting from annexation, naming of streets and public places, property acquisition or disposal of property, vacation of streets, public places or plats; (4) any ordinance relating to waiver of fees or Code provisions, bids or contracts; (5) any ordinance fixing or changing a zone classification of property; (6) any ordinance relating to budget; (7) any ordinance granting a permit; or (8) any franchise ordinance.
1.01.080 Amendment and Repeal of Code Sections.
This Code is the general and permanent law of the City. The Council may enact three types of general ordinances to affect this Code. Such ordinances may: (l) amend existing provisions; (2) add new provisions; or (3) repeal existing provisions. A general ordinance shall specifically amend or repeal a particular section of this Code, and a general ordinance creating a new Code section shall integrate the new section into the numbering system and organization of this Code.
1.01.090 Severability of Parts of Code.
The sections of this Code are hereby declared to be severable. If any section, subsection, sentence, clause or phrase of this Code or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of this Code shall not as a result of said section, subsection, sentence, clause or phrase be held unconstitutional or invalid.
1.01.100 Catchlines of Sections.
The titles of the sections of this Code are intended as catchwords to indicate the contents of the section and are not part of the section.
1.01.110 Service of Notice.
When written notice is required to be given under a provision of this Code, the notice may be given either by personal delivery to the person to be notified or by depositing it in the mail in a sealed envelope, postage prepaid, addressed to the person to be notified at that person’s last known business or residence address as it appears in the public records pertaining to the matter to which the notice is directed. Service by mail is considered completed at the time it is deposited in the post office. When a different method of serving notice is prescribed in the Code, the notice shall be given as prescribed. Proof of giving notice may be made by the signed statement of an officer or employee of the City or by affidavit of a person over the age of eighteen years showing service in conformity with the provisions of this Code or with any other law applicable to the subject matter. When notice is given by registered or certified mail, the United States postal card containing the signature of the recipient shall be sufficient proof of notice under this section.
1.01.120 Alternative Manner of Service.
In lieu of any manner of service or delivery specifically provided in this Code, and unless otherwise prohibited by law:
A. A notice, summons or other legal or administrative process required to be served on or delivered to a person by this Code may be served or delivered as allowed by Rule 7D of the Oregon Rules of Civil Procedure by:
1. Any person described in Rule 7E of the Oregon Rules of Civil Procedure; or
2. Any employee or officer of the City who has no personal interest in the underlying proceeding or its outcome. As used in this subsection, “personal interest” is an interest separate from the official interest a City employee or officer regularly has in a proceeding or its outcome.
B. If a notice, summons or other legal or administrative process is served or delivered pursuant to subsection A of this section, then proof of service, mailing or execution of process shall be made as provided in Rule 7F of the Oregon Rules of Civil Procedure.
C. If a notice, summons or other legal or administrative process is served or delivered pursuant to subsection A of this section, then any failure on the part of the City to comply with a provision of this section relating to service of notice, summons or other legal or administrative process shall not affect the validity of service or delivery or the existence of jurisdiction over the person if the court or administrative tribunal determines that the person actually knew of the substance of the notice, summons or other legal or administrative process. The court or administrative tribunal shall disregard any error in the content or service of notice, summons or other legal or administrative process that does not materially prejudice the substantive rights of a party. If service is made in any manner complying with Rule 7D(1) of the Oregon Rules of Civil Procedure, the court or administrative tribunal shall also disregard any error in the service that does not violate the due process rights of a party.
D. If a notice, summons or other legal or administrative process is served on or delivered to a person in accordance with this section, then any failure on the part of the City to comply with a specific section of this Code relating to the service of notice or other legal or administrative process shall not affect the validity of service or delivery or the existence of jurisdiction over the person. [BC 1.01.120, added by Ordinance No. 4356, 6/13/05]