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Back pressure may cause backflow to occur whenever a potable water system is connected to another system operating at a higher pressure. The principal causes of back pressure are:
You may apply for more than two boards, but you will need to complete another application.
A brownfield is typically land that is abandoned or underused in part because of contamination concerns. The federal government defines brownfields as "abandoned, idled, or underused industrial or commercial properties where expansion or redevelopment is complicated by real or perceived environmental contamination."
The term "Brownfield" might make you think of dirty, blighted, and abandoned industrial property. However, that image is too narrow. Though some brownfields are old industrial sites, others are commercial buildings with little or no environmental contamination. Brownfields could be:
When brownfields sit idle, everybody loses. Neighbors face environmental worries and reduced property values. Cities see roads, sewers, and other infrastructure underused. New businesses seek out "greenfields" or undeveloped land, encouraging sprawl. And brownfield owners must deal with a long list of worries - from potential lawsuits to deriving too little income from their property.
When owners or developers clean up brownfields and put them to new uses, many people benefit. Cleanups address environmental problems. Redevelopment can bring new jobs and higher tax revenues. Revitalized brownfields can breathe new life into neighborhoods.
Brownfields offer opportunities that go beyond their old uses. Developers have transformed brownfields into everything from golf courses and driving ranges to mixed developments with housing, office, shopping, and open space. Smaller properties have found new life as bakeries and greenhouses. In short, many uses may be open to a clean site.
Many communities, businesses and environmentalists agree that brownfield redevelopment is worth encouraging. As a result, a variety of private and public sector guidance and incentives have been developed to encourage brownfield redevelopment. Redevelopment is seldom easy or risk-free. But if done right, redevelopment can bring special rewards: peace of mind, income, and a cleaner environment.
The following items are benefits of brownfield redevelopment:
As a community member interested in a brownfield it is important for you to know and be able to discuss with potential developers and property owners the benefits to them of cleaning up and reusing a site. Some of the advantages to owners and developers are:
Many brownfield owners are satisfied with leaving their properties in their current condition. In some cases the neighborhood property values may seem too low to justify any sort of investment in the site. In other cases, the level of contamination is so slight that it seems unlikely to harm anyone. A property owner who decides to do nothing should be sure that the decision is based on a full understanding of the situation. Unfortunately, many owners may not have full information or analyze all the implications of leaving a brownfield as is. Community members may be able to convince an owner to reconsider the decision to let the property sit, but the owner may resent such an intrusion. In particular, the owner should look at possible liabilities for environmental contamination. Even potential liability can affect a business, making it harder to get credit or raise equity for projects not directly related to the brownfield.
Also, a property owner who is letting a brownfield sit idle probably should make sure that things are not about to get worse. If the site is posing a health or environmental threat to neighbors, delay could lead to bigger injuries and bigger liabilities. On a site bad enough to justify government attention, an owner who waits may be inviting cleanup on expensive terms dictated by the government, possibly with years spent with attorneys arguing over the process. In such a situation both the owner and the community may lose as the cleanup is likely to take longer, be more expensive, and not be coordinated with redevelopment options. Even when cleanup appears to be a losing proposition, prompt cleanup may make sense as a way for an owner to cut losses.
Federal, state, and local governments provide incentives for brownfield cleanup and redevelopment. Some of these incentives are provided directly to communities and local governments. Certain incentives are offered only to property owners. They include:
Building OfficialCity of BeavertonPO Box 4755Beaverton, OR 97076-4755
Note: The rates noted above are subject to City Council approval and will be effective July 1, 2018. We anticipate another rate increase by TVWD effective later this fall.
The city and TVWD have jointly agreed to transfer water service for approximately 16,000 Beaverton residents (approximately 4,100 customer accounts).
This transition will be seamless to customers as there is no change in delivery methods or infrastructure. For the near future, TVWD will continue to provide water as they always have to transferring customers through existing infrastructure (this process is called wheeling), but the city will assume water billing. At some time over the next few years, the city will construct some new water mains to serve these areas and there will be a separation of service from TVWD. That schedule has not been determined.
For up-to-date information on this transition, including maps that show transferring areas and related schedules, visit BeavertonOregon.gov/water. Or, contact the city’s Finance Department at 503-526-2257.
No. Your water rate will go down once you become a city water customer. The city rate structure is different than TVWD’s and excludes tiered water rates that increase when certain water consumption thresholds are reached.
Yes. The city is on a monthly water meter read cycle. Bills for water, sewer and storm drain services are provided each month, rather than every-other month.
Customers can expect their first city water bill approximately 45 days following transfer of their account later this fall, and after they receive a final bill from TVWD based on their last TVWD meter read before their account transfers.
For example, if your account is transferring to the city in November, you will receive a final TVWD water bill in November with rates and charges for the October meter read cycle. In December, you will receive your first City of Beaverton water bill, with rates and charges for the November meter read cycle.
Yes. The city’s water bill has a different format than TVWD. A sample water bill with an explanation of the city’s rates and charges will be provided along with other materials approximately 30 days before your account transfers with details on billing changes, payment instructions and more.
Yes. The city offers a variety of payment options including online, e-bills and automatic payment with a direct debit service. For more information, visit the city’s website at BeavertonOregon.gov/water.
The city offers a variety of payment options for the convenience of our customers including in-person and by mail. Your monthly water bill will include a return envelope for mailing purposes. Payments can be made in person at the city’s Finance Department located at The Beaverton Building (City Hall, floor 2), 12725 SW Millikan Way. In addition, there is a curbside drop box located on SW Millikan Way.
Payments by credit card can be made over the phone. After hours, to avoid shutoff, customers can pay via the Police Record Department located at 4755 SW Griffith Drive.
The city’s Finance Department handles water billing and payments and is located at The Beaverton Building (City Hall, floor 2), 12725 SW Millikan Way.
The city is open Monday through Friday from 8 am to 5 pm for billing, payment and other questions.
Until your account is transferred to the city later this year, please continue to call TVWD at 503-848-3000.
After the transfer occurs later this fall, please call the city’s Finance Department at 503-526-2257.
Please continue to call TVWD at 503-848-3000. TVWD will continue to provide water as they always have to transferring customers through existing infrastructure even after the city assumes water billing. Over the next few years, the city will construct some new water mains to serve these areas and there will be a separation of service from TVWD. That schedule has not been determined.
The city requires annual testing of your property’s backflow assembly. This test is the responsibility of property owners.
Transferring customers currently enrolled TVWD’s Gold Plan service will continue to receive that service without interruption for the rest of this calendar year.
Beaverton is currently exploring a similar program for the benefit of all of its water customers that could go into effect as early as next year. If this program proceeds, new and transferring water customers will be notified.
The city’s primary source of drinking water is surface water from the upper Tualatin River that is provided via the Joint Water Commission (JWC) water treatment plant. The city shares JWC membership with the cities of Forest Grove and Hillsboro, as well as the Tualatin Valley Water District. Every day, the city has access to up to 18.75 million gallons of this treated water. In addition, the city owns the right to use up to 1.3 billion gallons in Scoggins Reservoir and 1.4 billion gallons in Barney Reservoir that are located on the Trask River in the Coast Range and from Hagg Lake. During periods of high water demand—such as in summer—the city can supplement its supply with water from these sources, as well as city-owned aquifer storage and recovery (ASR) wells.
TVWD mixes a combination of Joint Water Commission and Portland Water Bureau water to serve its customers.
Yes. Sodium fluoride is added to Beaverton’s drinking water after it leaves the Joint Water Commission (JWC) treatment plant and before entering the city limits for distribution.
Yes. For additional information, visit BeavertonOregon.gov/waterconservation.
Business customers transferring as part of this transition will be handled the same as new residential customers. All city customers pay the same rate schedule based on the size of their water meter.
New development will pay system development charges (SDCs) per the city schedule after July 1, 2018.
Both the City Code and City Charter are available online for viewing and downloading.
The City Manager is the administrative head of the City of Beaverton, responsible to the City Council for the proper administration of all city business. The person is the principal policy advisor to the Mayor and City Council. The City Manager’s duties are outlined in Section 4.1 of the City Charter of 2021 and also reflected in the adopted job description. The City Manager appoints and removes all city employees except for positions such as the City Attorney and the Municipal Court judges.
The job description for Beaverton’s City Manager is similar to the City Manager job descriptions used by other cities, although Beaverton’s job description specifically requires the City Manager:
The City Manager is not a member of the City Council and does not vote. The person is responsible for assembling and preparing the agendas for council meetings as well as following up on all decisions and direction coming from the council. The manager must attend all council meetings unless excused by the Mayor.
Section 3.3 of the 2021 City Charter describes the Mayor’s new job duties. The Mayor attends and chairs all meetings of the City Council, signs the ordinances, resolutions, proclamations and other records of the decisions of the council, and is the head of city government for ceremonial, political and emergency management purposes. The Mayor must work with the rest of the council and the City Manager to coordinate the city’s relations with federal, state and local governments and to develop the city’s short and long-term goals. The Mayor also nominates and appoints members of the city’s boards, commissions and committees, subject to the approval of the City Council.
The city’s new charter becomes operative on January 1, 2021. The recruitment and hiring of the person to fill the position of City Manager therefore has to be fully completed before then. The current City Council is a five-member council; the new charter provides for a seven-member council. The new seven-member council will have four new voting members. Under these circumstances, the current five-member City Council deemed it best if it recruited and hired an Interim City Manager able to start work on January 1, 2021, allowing the new seven-member city council the opportunity to recruit and hire the city’s regular City Manager in 2021.
The city has obtained the services of an outside firm experienced in the recruitment and hiring of local government executives to assist city staff and to advise the City Council. Formal advertising will begin after January 2021 with time for engaging with members of the city staff, union personnel, members of boards and commissions, community partners and residents. A specific timeline will be announced. While interviews will be held in executive sessions closed to the public, the final hiring decision will be conducted as part of a public meeting. Members of the public may offer advice regarding the qualifications and expectations for the future City Manager at any upcoming City Council meeting. The City Council adopted Resolution No. 4623 that describes the hiring process for positions that are hired directly by the City Council.
The Interim City Manager was selected by the five-member City Council. The regular City Manager will be selected by the new seven-member City Council. In both instances, the selection is decided by majority vote.
The city expected and received applications from a group of qualified and experienced local government professionals interested in serving in the role. They may be retired managers or those who are seeking a temporary position for personal reasons. The recruitment pool is not limited to people living in Beaverton or in Oregon. The person appointed as Interim City Manager is a veteran manager.
Most of the city’s department heads will report directly to the City Manager. These currently include the Police Chief, Finance Director, Community Development Director, Public Works Director, Library Director, Human Resources Director, and Community Services and Engagement Director. The exceptions are the City Attorney, the judges of the Municipal Court, the city’s financial auditing firm, and the administrative staff positions serving the Mayor and councilors. These positions report to the City Council. There is nothing inherent in this transition to the City Charter of 2021 that requires a City Manager to terminate all of the current department heads.
The Mayor, councilors and staff are discussing some changes in operational responsibilities that may occur in January to assist the smooth transition to a City Manager. This will be a process that will continue to evolve after the Interim manager starts and thereafter. Staff will likely retain their current positions and their day-to-day responsibilities should change little. Stay-tuned!
A seven-member City Council will operate similarly to how the current city council operates, but there will be some differences. For example, the Mayor will still serve as chair of the council meetings, but the mayor will vote on each matter coming before the council and will have no veto power. Likewise, a quorum of the council will still be required to conduct official business, but now the minimum number of members required to achieve a quorum will be four, not three. The City Council periodically reviews their Council Rules and there could be some revisions considered with the changes required by the new charter.
The advertised salary range for the City Manager is $180,000-$241,219 annually. They will enjoy benefits similar to department heads of the city but details regarding the compensation package will be negotiated with the successful candidate. This could include use of a car, however that is not a regular benefit provided to all department heads. The charter allows the appointment to be for a fixed term or open-ended, as negotiated with the city council. City Managers serve at the pleasure of the City Council and their contract usually contains severance benefits.
Property taxes or other fees should not increase directly due to the hiring of a City Manager. Most often, communities operating under the Council-Manager form of government are known for their efficient operation and financial discipline. The salary and benefits of this position and those of all other employees appear in the annual budget of the city.
Most cities larger than 2500 residents, and many of the larger counties and special districts, have a professional executive manager serving as their administrative head.
Beaverton had a council-manager form of government from 1962 to 1976, when voters approved a ballot measure eliminating the appointed city manager position and established instead an elected full-time Mayor. A special election was held in March 1977 to fill the newly-established full-time Mayor position.
In the Council-Manager form of government provided for in the 2021 Charter, the Mayor is one member of the seven-member City Council. The Mayor has no special authority over the City Manager. The City Manager is expected to listen to all seven elected council members and seek their direction, as a group, on both routine as well as controversial items. For most decisions that must be voted on and are not unanimously decided, a majority of the council members present and vote to decide the matter.
As compared to the current City Charter, the new charter contains no specific requirement for a chief of staff or similar assistant to either the Mayor or the City Manager. Staffing for the direct support of the City Manager is “to be determined.” Some preliminary appointments of staff to support the manager and/or the mayor will be made by January and reevaluated based on needs of the organization and the experience of staff and elected officials.
The City Council developed and recommended the new City Charter over numerous meetings during 2019. The most often cited reason by members of the City Council for favoring a new charter with a change to the Council-Manager form of government is to have the administrative head of the government more responsive to the policy directions and decisions of the City Council rather than relying upon an independently elected Mayor who also served as the executive.
One of the main features is the imposition of term limits on the Mayor and members of the City Council. No one may serve more than three consecutive four-year terms. See Section 5.7 of the 2021 City Charter. The new charter eliminated a fixed dollar amount of “floating debt” of the City that grew obsolete due to inflation. Now the city’s debt limitation is governed by state law. The new charter is gender inclusive and eliminates the use of “he,” “him,” and “his” as pronouns for nouns embracing all genders.
The increase in the members of the City Council from five to seven results in an increase in the number of BURA board members. The BURA Board is currently comprised of nine members: the Mayor, five city councilors, and three independent members from the Beaverton community.
Under the new Charter, the BURA Board will automatically expand to 10 members: the Mayor, six city councilors, and three independent members from the Beaverton community. Because boards typically have an odd number of members to help avoid tie votes, the BURA Board and City Council have decided to add a fourth independent member to the BURA Board, for a total of 11 board members. Also, with the expansion of the BURA Board to 11 members, the BURA Budget Committee will now consist of 22 members (the 11-member BURA Board and 11 Beaverton residents who are not BURA Board members).
Staff is proceeding with a schedule leading toward the recruitment, selection and approval of people to the City’s boards, commissions and committees in December 2020, unless advised otherwise. Any appointments for additional positions will be handled after January 1, 2021.
The Mayor will continue to sign these agreements. The new Charter provides that the Mayor is to sign “writings and records of council decisions.” Intergovernmental agreements (IGAs) are agreements between two or more government entities, and the City Council generally votes to approve the city entering into the agreements. Once the City Council decides to approve the city entering into an IGA, the IGA becomes a writing of a council decision, and therefore the Mayor must sign the agreement.
The City Manager determines when to close city buildings in the event of an emergency or inclement weather.
On December 1, 2020, the City Council enacted Ordinance No. 4794 , which amends the Beaverton Code to conform to the new Charter. The code amendments become operative on January 1, 2021, along with the new Charter. The online version of the Beaverton Code will be updated in early 2021 to reflect all of the amendments.
No, department heads are not granted any new authorities under the new Charter. Probably the most significant change under the new Charter for department heads is that those who currently report to the Mayor will now report to the City Manager.
The new Charter, like the city’s current Charter, does not address how staff has access to the city’s chief executive officer (the Mayor under the current Charter and the City Manager under the new Charter). Instead, both charters leave it to the chief executive to decide how best to organize the day-to-day operations of the city.
The new Charter provides that the City Manager must permit conversations between individual council members and staff. These can include conversations about council member suggestions, opinions and the exchange of information. The City Council and City Manager will likely develop a protocol for implementing this provision of the new Charter.
While council access to staff is guaranteed by the new Charter, the new Charter also provides that none of the individual council members may direct or order any employee or official of the city (other than those few members of staff who are directly supervised by council members).
The above referenced code also states “A person owning land abutting any public right of way hereby is declared liable for any and all claims of personal injury or property damage that may arise from the person’s negligence in failing to keep a sidewalk, curb, or gutter in such repair as to not present an unreasonable risk of danger to person or property.”
For most gardeners, the growing season will be from April through October. Some gardeners will put in spring crops as early as February and others may have crops growing late into the fall or even winter. Year-round gardening is encouraged.
Yes. We love dogs, but they must be leashed at all times. They are not allowed to run through the garden or go into other garden plots. You must clean up after your pet and take any waste home.
By October 31 fall clean up should be complete, this includes:
Rodents and other wild animals may be prevalent in the undeveloped area surrounding the various garden sites; it is the responsibility of the individual gardener to control these pests within their own garden space.Maintaining an active plot is the #1 thing you can do to deter rodents. Regular harvest and cleanup will help reduce the problem of rodents. If you are composting on site please be sure to turn your compost regularly and do not add any meat or grains; only vegetable matter from your garden plot is allowed.Non-permanent fencing is allowed, which can help deter some animals. Please keep in mind that fences may not cross garden pathways.
Organic gardening focuses on building healthy soil that can sustain healthy plants. Organic gardening encourages the natural balance between living organisms in the soil. It is also safer for pollinators, wildlife, pets and humans.
For more information on organic gardening please visit Metro’s Yard and Garden page, www.OregonMetro.gov/garden.
Plot holders are required to spend a minimum of six hours per year on community projects or tasks outside of their individual plot at their garden site. Three community hours must be completed and logged by June 30. The remaining three hours must be completed and logged by November 15.
This work is meant to help maintain the garden, enhance community connections and complete special projects. Plot holders are responsible for making sure their hours are recorded.
You can log them yourself online using our Garden Service Hour form or contact your garden steward or city staff and they can log them for you.
Gardeners must contact community garden staff at gardenmail@BeavertonOregon.gov or 503-526-2665 to request a waiver prior to the June 30 deadline.
If a gardener does not complete and log three service hours by June 30, they receive a reminder notice. Gardeners who receive three notices, for any reason, in a year forfeit their garden plot and are not eligible for renewal. Gardeners who do not complete their service hours will not be eligible for renewal.
There are many ways to earn your six service hours every year. Check with your garden steward or city staff for a list of tasks. Also, keep an eye on your email for garden work parties or other special opportunities. Some examples of common tasks that will count as service hours are:
Food scraps and yard debris will go to Recology’s Nature’s Needs compost facility in North Plains, which uses specialized processes to quickly break down the organic matter and create compost. The compost is then sold to gardeners, landscapers and other agricultural users.
At this time, the service is not available to multifamily communities with shared container collection service — apartments, condominiums or townhome communities of more than four units. Only garbage company customers with access to yard debris collection service are able to participate.
Worm bin composting can be a great way to start composting at home with limited space! Check out Metro's Worm Composting page for more information.
There is no change to the rates currently charged for garbage, recycling and composting service.
The program is for food and yard debris only, including: meats, poultry, seafood, bones, dairy, bread, fruit, vegetables, cheese, eggshells, rice, beans, pasta, coffee grounds, and plate scrapings.
Do not include non-food items such as plastic, coffee cups, pet waste, fireplace ashes etc.
Most materials labeled “compostable” are not allowed in our current composting program. This includes take-out containers, cups and service ware. Most “compostable” products do not break down fast enough for our local composting facility to process.
You do not need to use a liner of any kind; the material can go loose into your compost cart. If you do decide to use a liner, we encourage you to try newspaper first. BPI-certified compostable liners are the only compostable liners permitted for use in your kitchen pail.
Unlike other “compostable” items, BPI-certified liners have been proven to break down in our local processing facility. Please use them sparingly and never use plastic bags.
To find a list of local stores that sell approved liners, please visit our tips page.
No, plastic bags of any kind are not allowed in the curbside compost program. Plastic does not compost and it is very difficult to remove once it is mixed with food scraps and yard debris. Nobody wants plastic particles in their compost, please leave the plastic out!
Your garbage hauler will distribute a two-gallon kitchen pail, along with instructions, for you to use. The kitchen pail is a one-time only distribution to get the program started. If you need a new pail in the future, you may select an alternative container like a large yogurt tub or bowl. Compost pails are also available at many retail stores.
Beaverton residents are encouraged to participate, but the composting program is not required.
Garbage, recycling, and composting roll-carts will all be picked up weekly by your current franchised hauler.
To minimize odors in the future, layer food scraps with yard debris trimmings. You may also consider using approved compostable bags, or wrapping food scraps in paper products (such as paper bags). We also encourage you to set out your cart every week to ensure it is emptied regularly. Visit www.BeavertonOregon.gov/composts for more tips.
Yes. No matter how full your composting roll-cart is, the city encourages you to set out your cart each week. The 60-gallon composting cart helps accommodate large quantities of yard debris during high debris seasons, and can deter animals from getting into and/or knocking over the cart.
Collecting food scraps in a reusable container in the kitchen is an easy way to save leftovers for your green cart. Coffee cans, plastic food storage containers or compost kitchen pails can be used. If you choose to collect food scraps using paper products, you can place them directly in your cart! For example:
To reduce odors in your kitchen, residents in some communities freeze food scraps like meat, poultry and fish in a reusable container until it’s time to take scraps to your cart.
Like garbage, your food scraps and yard debris will be collected weekly, thus minimizing pest issues.
Residents who compost in their backyard are encouraged to continue doing so. However, with the new food and yard debris collection service, many items that should not be composted in the backyard — such as meat, bones, dairy and grains — can now go in the composting roll cart.
Beaverton residents set-out about 9,000 tons of yard debris in 2016. We estimate that about 2,500 tons of food scraps are currently put into the garbage each year, (which is about 225 pounds per yard debris roll-cart annually).
In December 2018, the Metro Council voted to expand the urban growth boundary (UGB) to include the 1,232-acre Cooper Mountain area, enabling the city to embark on planning for the next 10 to 20 years of development on Cooper Mountain. The Cooper Mountain Community Plan project is a priority because the demand for housing in the region is strong and the adjacent South Cooper Mountain area is developing faster than expected. Cooper Mountain is an important future land supply for the city that is anticipated to bring at least 3,760 homes to the city over time, including a mix of single-family and multi-family homes.
For more information on Metro’s UGB process and decision, visit www.oregonmetro.gov/ugb
The Cooper Mountain Community Plan will apply a lens of racial equity, consistent with the city’s Diversity, Equity and Inclusion Plan (2019), with a goal of providing great neighborhoods for all. Beaverton has hired Unite Oregon to lead multicultural engagement efforts for the Community Plan.
The planning process will be led by the city’s Community Development Department. The process will be advised by a community advisory committee (CAC), technical advisory committee (TAC), stakeholders, property owners, and local residents. Public engagement will begin during the early phases of the project, intensify during the Community Planning phase, and continue through plan adoption.
The process will be coordinated with and informed by related efforts, including the Cooper Mountain Utility Plan. The city will work closely with Washington County, Tualatin Hills Park and Recreation District, Clean Water Services, and other partner governments.
In addition, the city has hired a consultant team led by Angelo Planning Group to assist with the Community Plan. The team includes the following six consulting firms:
Working from the base of the 2014 Concept Plan prepared for Cooper Mountain, the Community Plan will include residential uses, parks, schools, open space and natural areas, and potentially local commercial services.
Metro conditions of approval for the UGB expansion require at least 3,760 housing units within the Cooper Mountain Community Plan area. The city also needs to comply with requirements for diverse housing types, including duplexes, triplexes, fourplexes, townhouses and cottage clusters in all zones that permit single-family detached housing. Through the Community Plan, the city can address housing variety and affordability in a way that is consistent with the vision and goals for the area.
The purpose of the Community Plan is to help facilitate annexation of the Cooper Mountain area into Beaverton city limits. Once the plan is approved, property owners in Cooper Mountain may apply for annexation and any related land use approvals. The city will likely not act on annexation requests or allow development until after the Community Plan process is complete.
Identifying transportation solutions and implementing them is a priority for the city. The challenges are well-known: two-lane rural roads, reliance on 175th Avenue as a key north-south route, increasing congestion, lack of bicycle and pedestrian facilities, unsafe intersections, and challenging winter conditions. The Community Plan will review and update transportation improvements identified in the Concept Plan and add new information from more recent studies by Washington County. The Community Plan process will determine key street alignments, walking and biking routes, and the potential for future transit service. It will identify funding strategies and establish the roles of the City of Beaverton, Washington County, TriMet, and developers in building new transportation facilities.
The Community Plan will include an infrastructure funding plan, addressing transportation, water, sanitary sewer, storm water, and parks. There is no “silver bullet” for funding these facilities. To find solutions, the funding plan will document what needs to be built, how much it will cost, what projected revenues are available, what new revenue is needed, and then recommend the intended tools and revenue sources that should be used. The Community Plan project will need to engage the development community and partner agencies to determine how development can occur logically and how public facilities can be provided in a timely manner.
Natural resources are a defining characteristic of Cooper Mountain. The Community Plan will identify natural features (including creeks, riparian areas, wetlands and other wildlife habitat) and determine how to balance natural resource protection with infrastructure provision and development. Given the area’s steep slopes and risk for potential landslides, the Community Plan will explore best practices for hillside development and hazard mitigation. The project will consider how to integrate and connect habitat areas and wildlife crossings, incentivize natural resource protection, maintain scenic views, build resilient neighborhoods, and provide new code regulations that implement the vision and policies for Cooper Mountain.
The City of Beaverton has hired a consultant team led by MurraySmith to work with city Engineering staff to develop a Utility Plan for water, stormwater and sewer that provides detailed engineering for Cooper Mountain. The Utility Plan will be coordinated with Community Planning efforts, and the two projects will inform one another throughout the process.
The first thing you should do is to read your lease. Look specifically at the Default and Remedies sections. These sections give the property owner certain rights if you do not pay rent. In some shorter leases, you might find that the default and remedies sections are included in the section that describes how you will pay rent, or in a termination section.
The frequently asked questions below address resources that might help, in addition to tips for negotiating with your property owner.
The recently enacted federal Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) provides for two main types of assistance to help small businesses meet their needs during the pandemic, the Paycheck Protection Program (“PPP”) and the Economic Injury Disaster Loans and Loan Advance (“EIDLs”).
The PPP provides federally guaranteed loans to most businesses and nonprofits with fewer than 500 employees that were in operation on February 15, 2020. Businesses may use the PPP proceeds to pay rent and utilities, as well as payroll. Loan proceeds used to pay payroll, rent and utility expenses during the 8 week covered period may be forgiven if spent on allowed expenses. For any amounts not forgiven, the maximum term is 2 years and the maximum interest rate is 1 percent. More information about the PPP on the SBA website.
EIDLs provide a quick infusion of cash to help similar businesses and nonprofits cover rent and utilities, as well as payroll and other expenses. The SBA will make the loan advance of up to $10,000 available within three days of a successful application. This loan advance will not have to be repaid. EIDLs are for amounts up to $2 million. Interest is 3.75% and the loan period is up to 30 years. Apply through the SBA website
These federal loans are not available for cannabis businesses, but it is available for other businesses, including alcohol-related businesses.
You can find local assistance.
Senator Wyden’s Office has more information about these programs at its COVID-19 Small Business Relief Q&A.
Yes. Governor Brown issued Executive Order No. 20-13 on Wednesday April 1, 2020, placing a temporary moratorium on non-residential evictions for nonpayment in light of the public health emergency caused by the spread of coronavirus in Oregon. The order prohibits property owners for terminating leases, filing or serving notice to the commercial tenant, or taking any judicial actions for eviction during the temporary moratorium for non-payment of rent, late charges, utility charges, or any other service charge or fee. You can see the order.
HOWEVER, in order to take advantage of this moratorium, the tenant has to
This also does not relieve you of having to pay those fees forever, and you have to pay the amount that you are able to pay.
So, notify your landlord right away, make sure that you specifically mention that this is caused by Covid-19, and have documentation available to show that you’ve lost income (e.g., cancellation notices, the Governor’s previous executive orders, etc.).
If you do not meet these requirements, the property owner can still evict you once the Oregon courts reopen, as well as resort to other remedies in your lease, unless you renegotiate.
While Oregon courts have restricted operations, courts will allow property owners to file eviction complaints, known as Forcible Entry and Detainer, or FED complaints. Absent extenuating circumstances, all first court appearances by the property owner and tenant will occur after June 1, 2020. The Chief Justice’s Order regarding COVID-19 restrictions on court operations.
Even though judicial FED (eviction) proceedings are on hold, keep in mind that most commercial property owners can exercise “self-help,” or lock out a tenant if a tenant falls behind on rent and defaults under the lease.
You can approach the property owner to negotiate a change to your lease, but both you and the property owner must agree to the new terms to make the change. If the closures and restrictions required by Oregon to enforce social distancing are affecting your ability to pay your lease, reach out (or have your attorney reach out) to the property owner right away, before you miss a payment. It may be more difficult to negotiate changes after you miss a payment and are already in default; plus, it is the respectful thing to do. Most property owners will appreciate that you’re being proactive. If you have a difficult relationship with the property owner, though, you may want to have your attorney review your lease first and then have your attorney reach out to the property owner’s attorney.
Understanding the property owner’s perspective and interests will help you negotiate. If the property owner has a mortgage, the loan covenants may require the property owner to have the bank approve any lease modification.
Many small businesses are in a similar situation due to the coronavirus crisis and property owners are likely worried that they will not receive any rent. In addition, because many small businesses have to temporarily close and people are isolating themselves, it will likely be very difficult for property owners to find new tenants. Given a choice between an empty space and working with a good tenant who has a good business, the property owner may be willing to agree to a short rent-free or rent-reduced period until a successful tenant can pay full rent again. Property owners may also want to avoid the legal costs of terminating a lease and pursuing a personal guarantee in these times of economic uncertainty. As a result, property owners may be open to negotiation, even if they would only receive a partial payment now. They may be willing to take a risk that you will be able to make up the payments once you reopen.
There are many approaches to starting the conversation, including:
1) Explain to the property owner the hardships that your business has suffered due to the pandemic; for example, whether you’ve shut down entirely or reduce service. One of the property owner’s first questions may be if you have applied for assistance under the CARES Act. Be ready to tell the property owner if you have, or why you have not;
2) Acknowledge that this is an unprecedented situation and that you would like to collaborate with the property owner to find a solution;
3) Propose terms that you would be willing to accept;
4) Ask the property owner for confirmation that the property owner won’t issue any default notices (for nonpayment of rent or otherwise) during the period of the pandemic restrictions.
If you are thinking of telling the property owner that you won’t pay any rent, you may want to talk with an attorney first. Do not send a letter like the Cheesecake Factory, telling all of its property owners, including malls, that it would not pay rent in April. Cheesecake Factory is now likely facing lawsuits. Similarly, the property owner may take this as advance notice that you plan to breach the lease. Some leases provide that a threat to breach the lease puts the tenant in default. If your lease has this type of provision, the property owner may decide that your notice that you won’t pay any rent puts you in default. The property owner may then be able to exercise its remedies under the lease.
If you specifically cannot pay all or part of your rent because of Covid-19, instead call your landlord and follow the directions above about Governor Brown’s “no evictions” order for non-residential leases. In addition, you may send a letter with the same information, following the notice requirements in your lease. However, don’t just say you won’t pay rent; provide the required documentation and negotiate to make partial payments if you are able.
(Source: eater.com/2020/3/24/21192792/restaurants-cant-pay-rent-property owners-lease-covid-19-coronavirus)
No. Put the terms of your agreement in writing as soon as possible. In Oregon, commercial leases are not enforceable unless their value is less than $1,000 for the whole agreement, or they are in writing. (ORS 72A.2010). In addition, both you and the property owner must sign the agreement. Having your terms in writing also helps avoid misunderstandings later.
If you are unable to reach the property owner in the way you normally reach them, keep trying to reach out to them by phone, email, or mail. Follow the notice provisions in your lease to send them the specific information and documentation required by Governor Brown’s Executive Order number 20-13, as described above in the “no evictions” question.
You should take this seriously and act quickly. Take a look at the default section of your lease. Many leases specify that you have a certain number of days to cure a default, such as failure to pay your rent, before the property owner can evict you. Keep in mind that even though Oregon courts might not hear eviction complaints until June, most commercial property owners can exercise “self-help,” or lock out a tenant if a tenant falls behind on rent.
You can first reach out to the property owner and try to work out an arrangement. However, if the property owner is unwilling to work out an arrangement, contact an attorney to see if they can help with negotiations or if your lease or state law has other available remedies.
If you were not planning to stay in the space anyway, you should still take a look at the default and remedies sections of your lease. Even if you did not plan to stay, you are likely still on the hook for rent payments and possibly other payments, as well.
It depends. Your business is likely on the hook for paying rent, unless the government takes further action like issuing grants, or possibly if you have a force majeure clause (see below) that may excuse you from paying rent for the duration of the kind of event described in the clause. If your lease includes a Personal Guarantee or Guaranty, though, you are likely personally on the hook for the rent no matter what happens to your business. The personal guarantee is a statement that you are “personally guaranteeing” or “agreeing to guarantee to perform” all of the requirements under the lease. Another key phrase to look for is “agree to guaranty”.
A “Force Majeure” clause excuses duties under a contract because of “acts of god.” These clauses may relieve parties from contract obligations if they are unable to perform due to circumstances outside of the parties’ control, such as extreme weather events, natural disasters, unexpected operations of law or government actions, or strikes. These clauses are often found in a Termination or Miscellaneous sections of a lease, and are sometimes called Impossibility clauses. Sometimes Force Majeure clauses are vague and sometimes they are extremely specific, even listing epidemics or pandemics among the things that could excuse your duties.
BEWARE, however. It is quite common for a Force Majeure clause in a lease to exclude payment of rent from one of the things that could be excused. The clause is also likely to only apply for the period of the emergency -- meaning that even if you have a clause that would allow you off the hook for rent, it would only be until the emergency is over; then you would owe the back rent. If you have a Force Majeure or Impossibility clause, make sure you read it carefully. If you want to see if yours would allow you to walk away from the lease, you should definitely consult an attorney first. Keep in mind, too, that an emergency that excuses the tenant’s obligation to pay rent may also excuse the property owner from performing its obligations under the lease. These clauses are often written to be available equally to both parties to the lease.
Lastly, pay attention to any notice requirements that may be required to invoke the Force Majeure clause, if it applies. If you need to send such notice, we recommend consulting an attorney first.
This is where a Force Majeure clause would come in handy. A very common feature of Force Majeure clauses is that they usually excuse a party from performing due to an unexpected operation of law or government action. Governor Brown’s Executive Order No. 20-12, issued on March 23, 2020, mandated the closure of certain businesses and required working from home or very limited service of others (such as restaurants).
Certainly no one could have anticipated the global pandemic caused by the coronavirus. Since Governor Brown’s Executive Order made certain business operations impossible, it is likely that the Force Majeure clause in your lease excuses you from this particular requirement. Even if you do not have a Force Majeure clause in your lease, you are still likely excused from performing this lease obligation if remaining open would violate the Governor’s Order. A court would not require you to violate the pandemic restrictions in order to comply with lease terms. Clarify this term during your negotiations with the property owner to make sure you both are on the same page.
A property owner might also seek to take advantage of a Force Majeure clause by cancelling the lease during the crisis caused by the pandemic. If this happens, consider consulting an attorney to help you understand the lease, negotiate or seek other legal remedies.
If you feel you must file for bankruptcy, talk to a bankruptcy attorney before contacting the property owner.
It depends on whether you’d like to keep your space, or if you’d like to close it for the time being. In either case, review your lease for the payment terms, what happens if you default or breach, what kind of notice you have to provide if you want to leave or stay (and what kind of notice the property owner has to provide) and the remedies if you default.
If you would like to stay in your commercial space, reach out to the property owner as suggested above. As we’ve mentioned before, the property owner may be happy to keep tenants in their spaces, given the current uncertainty of attracting and signing new tenants.
If you would like to leave, your lease may require you to provide at least 30-days’ notice of termination. You could still try to negotiate deferral or abatement of your rent until you’re able to leave under the terms of the lease.
It is very likely that you have a lease. In Oregon, commercial leases are not enforceable unless their value is less than $1,000 for the whole agreement, or they are in writing. (ORS 72A.2010).
If you cannot find your lease, think back to how you and the property owner agreed that you would rent your space. Did you go back and forth through email? If so, search your emails. If you used a software program to sign, like Docusign, you may be able to follow the link to your signed lease in that program, or you may have a copy in your email or on your computer. If you used the services of a broker or an attorney, reach out to them for a copy. If you are in a complex with other tenants who likely have the same or similar lease, you could ask to see theirs. If you have a good relationship with the property owner or property manager, you may simply contact them for a copy. If you are not on good terms with the property owner and have no other way to obtain a copy, make sure the lease provided is consistent with your recollection.
If you had a lease and the terms have expired, you are now considered a “hold-over,” or month-to-month tenant. This means that you would owe the property owner at least 30-days’ notice of termination. ORS 91.070. You can negotiate the lease and payment terms if you want to stay in your space. Do not forget to get it in writing.
If you do not have a written lease and only an oral agreement, then you may not have an enforceable lease. Do not just walk away, though! If you leave without paying, the property owner may still have some rights because you were in possession of and benefiting from the property. Check with an attorney to understand your rights and obligations. If you want to stay, negotiate a written lease with the property owner as soon as possible.
Lo primero que debería hacer es leer su contrato de arrendamiento. Consulte específicamente las secciones de Incumplimiento y Compensaciones. Estas secciones le otorgan determinados derechos al dueño de la propiedad si usted no paga el alquiler. En algunos contratos de arrendamiento más cortos, podría encontrar las secciones de incumplimiento y compensaciones incluidas en la sección que describe la forma en que pagará el alquiler o en una sección de rescisión.
En las siguientes preguntas frecuentes se mencionan recursos que podrían ser útiles, además de consejos para negociar con el propietario.
La Ley de Ayuda, Alivio y Seguridad Económica contra el Coronavirus (Coronavirus Aid, Relief, and Economic Security Act, “CARES”) federal recientemente promulgada proporciona dos tipos principales de asistencia para ayudar a las pequeñas empresas a satisfacer sus necesidades durante la pandemia, el Programa de Protección de Cheques de Paga (Paycheck Protection Program, “PPP”) y los Préstamos para Desastres por Daños Económicos (Economic Injury Disaster Loans, “EIDL”) y Anticipos de Préstamos.
El PPP proporciona préstamos avalados a nivel federal a la mayoría de las empresas y organizaciones sin fines de lucro con menos de 500 empleados en actividad al 15 de febrero de 2020. Las empresas pueden usar los fondos del PPP para pagar el alquiler y los servicios públicos y también para la nómina de sueldos. Los fondos de los préstamos que se usen para pagar la nómina, el alquiler y los servicios públicos durante el período cubierto de 8 semanas se pueden perdonar si se usan en los gastos permitidos. Para los montos no perdonados, el período máximo es de 2 años y la tasa de interés máxima es de 1%. Ni el gobierno ni los prestamistas cobrarán ninguna cuota a las pequeñas empresas. Realice la solicitud a través de un prestamista de la SBA aprobado. Para más información acerca del PPP, visite el sitio web de la SBA aquí: https://covid19relief.sba.gov/#/.
Los EIDL aportan una inyección rápida de dinero en efectivo para ayudar a las empresas y organizaciones sin fines de lucro similares a cubrir los alquileres y los servicios públicos, al igual que nóminas de sueldos y otros gastos. La SBA hará un anticipo del préstamo de hasta $10,000 disponible en un período de tres días a partir de una solicitud exitosa. Este anticipo del préstamo no se tendrá que devolver. Los EIDL son para montos de hasta $2 millones. El interés es de 3.75 % y el período de préstamo puede ser hasta 30 años. Realice la solicitud a través del sitio web de la SBA aquí: https://covid19relief.sba.gov/#/.
Estos préstamos federales no están disponibles para las empresas de cannabis, pero están disponible para otras empresas, incluso las empresas relacionadas con el alcohol.
Puede encontrar asistencia local sobre estos programas aquí: https://www.sba.gov/local-assistance/find/.
La Oficina del Senador Wyden tiene más información acerca de estos programas en sus preguntas frecuentes de Ayuda de emergencia para pequeñas empresas por COVID-19 aquí: https://www.wyden.senate.gov/imo/media/doc/COVID-19%20Small%20Business%20Relief%20Q&A%20(1).pdf
Sí. El Gobernador Brown dictó la Orden Ejecutiva N.° 20-13 el miércoles 1 de abril de 2020, donde se establece una moratoria temporal en los desalojos no residenciales por incumplimiento de pago ante la emergencia de salud pública causada por la propagación del coronavirus en Oregon. La orden prohíbe que los propietarios rescindan un contrato de arrendamiento, presenten o entreguen una notificación al arrendatario comercial o inicien una acción judicial de desalojo durante la moratoria temporal por el incumplimiento de pago del alquiler, cargos por retraso, cargos de servicios públicos o cualquier otro cargo o tasa de servicio. Puede consultar la orden en https://www.oregon.gov/gov/admin/Pages/eo_20-13.aspx.
SIN EMBARGO, para aprovechar esta moratoria, el arrendatario debe entregarle al propietario del inmueble la documentación de que la falta de pago se debe a las restricciones de la pandemia dentro de un plazo de 30 días a partir de la fecha de vencimiento del alquiler no pagado. Por ejemplo, si no pagó el alquiler el 1 de abril, debe entregar la notificación antes del 30 de abril.
Esto tampoco lo exonera para siempre de tener que pagar esas cuotas y tiene que pagar el monto que pueda.
De modo que notifique a su arrendador de inmediato, asegúrese de mencionar específicamente que esto es a causa del COVID-19 y tenga la documentación disponible para mostrar que perdió ingresos (por ejemplo, notificaciones de cancelación, disposiciones ejecutivas previas del Gobernador, etc.).
Si no cumple con estos requisitos, el propietario podrá desalojarlo una vez que vuelvan a abrir los tribunales de Oregon, así como también recurrir a otras compensaciones en su contrato de arrendamiento, salvo que usted lo negocie.
Si bien los tribunales de Oregon han restringido las actividades, los tribunales le permitirán a los propietarios presentar las denuncias de desalojo, conocidas como Entrada Forzosa y Retención (Forcible Entry and Detainer) o denuncias FED. En ausencia de circunstancias atenuantes, todas las primeras comparecencias del propietario y el arrendatario ante el tribunal tendrán lugar después del 1 de junio de 2020. La disposición del Presidente de la Suprema Corte de Justicia respecto a las restricciones del COVID-19 en las actividades de los tribunales está disponible aquí: https://www.courts.oregon.gov/rules/Documents/CJO-20-006-AmendedOrderImposingLevel3RestrictionsCourtOperations.pdf.
Si bien los procedimientos judiciales de FED (desalojo) están suspendidos, tenga en cuenta que la mayoría de los dueños de propiedades comerciales pueden ejercer la “autoayuda” o bloquear el ingreso del arrendatario si este se atrasa con el alquiler e incumple el contrato.
Puede comunicarse con el propietario para negociar una modificación del contrato pero usted y el propietario deben acordar los nuevos términos para llevar a cabo la modificación. Si los cierres y las restricciones exigidas por Oregon para reforzar la distancia social afectan su capacidad de pago del arrendamiento, comuníquese (o pídale a su abogado que se comunique) con el propietario de inmediato, antes de no realizar un pago. Puede ser más difícil negociar modificaciones después de no haber pagado y si ya está incumpliendo; además es lo más respetable. La mayoría de los propietarios valorarán que sea proactivo. No obstante, si tiene una relación difícil con el propietario, tal vez lo mejor es que primero su abogado revise su contrato de arrendamiento y luego que él se comunique con el abogado del propietario.
Comprender la perspectiva y los intereses del propietario le ayudará a negociar. Si el propietario tiene una hipoteca, es posible que los acuerdos de préstamo le exijan al propietario que el banco apruebe toda modificación del contrato de arrendamiento.
Muchas pequeñas empresas están en una situación similar debido a la crisis del coronavirus y los propietarios probablemente estén preocupados de recibir el alquiler. Además, dado que muchas pequeñas empresas han tenido que cerrar temporalmente y las personas se están aislando, probablemente sea muy difícil para los propietarios encontrar nuevos arrendatarios. Entre la opción de tener un espacio vacío o de buscar soluciones con un arrendatario que tiene un buen negocio, es posible que el propietario esté dispuesto a aceptar no recibir el alquiler o recibir parte de este por un período breve hasta que el arrendatario exitoso pueda nuevamente pagar el alquiler completo. Es posible que los propietarios también quieran evitar los costos legales de rescindir un contrato de arrendamiento y buscar una garantía personal en estos tiempos de incertidumbre económica. Como resultado, los propietarios pueden estar abiertos a negociar, incluso si ahora solo recibirían un pago parcial. Es posible que quieran asumir el riesgo de que usted pueda compensar los pagos una vez que vuelva a abrir.
Hay muchas estrategias para comenzar la conversación, entre lo que se incluye:
Si está pensando en decirle al propietario que no pagará ningún alquiler, debería hablar primero con su abogado. No envíe una carta como la de Cheesecake Factory, diciéndoles a todos los propietarios, incluyendo los centros comerciales, que no pagará el alquiler en abril. En este momento Cheesecake Factory probablemente esté afrontando demandas (https://www.forbes.com/sites/bradthomas/2020/03/29/can-you-have-your-cake-and-eat-it-too-the-cheesecake-factory-doesnt-think-so/#12204f5f2837). Del mismo modo, el propietario puede tomar esto como un aviso previo de que planea incumplir el contrato de arrendamiento. Algunos contratos de arrendamiento disponen que una amenaza de incumplimiento del contrato de arrendamiento pone al arrendatario en falta. Si su contrato de arrendamiento tiene este tipo de disposiciones, el propietario puede decidir que su notificación de que no pagará el alquiler lo pone en falta. Entonces el propietario puede hacer valer la disposición de compensaciones en virtud del contrato de arrendamiento.
Si usted específicamente no puede pagar todo o parte del alquiler debido al COVID-19, llame a su arrendador y siga las indicaciones anteriores acerca de la orden de “no desalojo” del Gobernador Brown para arrendamientos no residenciales. Además, usted puede enviar una carta con la misma información, siguiendo los requisitos de notificación de su contrato de arrendamiento. No obstante, no diga simplemente que no pagará el alquiler, proporcione la documentación requerida y, si puede, negocie efectuar pagos parciales.
(Fuente: https://www.eater.com/2020/3/24/21192792/restaurants-cant-pay-rent-property owners-lease-covid-19-coronavirus)
No. Ponga por escrito los términos de su acuerdo lo antes posible. En Oregon, los arrendamientos comerciales no se pueden hacer cumplir a menos que su valor sea de menos de $1,000 para la totalidad del acuerdo o que estén por escrito. (ORS 72A.2010). Además, tanto usted como el propietario deben firmar el acuerdo. Tener por escrito los términos además ayuda a evitar malos entendidos en el futuro.
Si no puede comunicarse con el propietario de la forma en la que normalmente se comunica, siga intentando comunicarse por teléfono, correo electrónico o correo postal. Siga las disposiciones de notificación establecidas en su contrato de arrendamiento para enviarle la información y documentación específica que se exige en la Orden Ejecutiva del Gobernador Brown número 20-13, según se describe anteriormente en la pregunta “no desalojo.”
Debe tomar esto muy seriamente y actuar con rapidez. Consulte la sección incumplimiento de su contrato de arrendamiento. Muchos contratos de arrendamiento especifican que tiene una determinada cantidad de días para solucionar un incumplimiento, como por ejemplo la falta de pago de su alquiler, antes de que el propietario pueda desalojarlo. Tenga presente que incluso si los tribunales de Oregon no atenderán denuncias de desalojo hasta junio, la mayoría de los propietarios de inmuebles comerciales pueden ejercer la “autoayuda” o bloquear el ingreso del arrendatario si este se atrasa con el alquiler.
Primero puede comunicarse con el propietario del inmueble e intentar llegar a un acuerdo. Sin embargo, si el propietario no está dispuesto a buscar un acuerdo, comuníquese con un abogado para ver si puede ayudarlo con las negociaciones o si su contrato de arrendamiento o las leyes del estado tienen otros recursos disponibles.
Si de todos modos no está planeando quedarse en el espacio, igual debería consultar las secciones de incumplimiento y compensaciones de su contrato de arrendamiento. Incluso si no planea quedarse, probablemente igual esté obligado a realizar los pagos de alquiler y posiblemente también otros pagos.
Depende. Probablemente su empresa esté obligada a pagar el alquiler, a menos que el gobierno tome otras medidas como emitir subvenciones, o es posible que tenga una cláusula de fuerza mayor (ver a continuación) que podría liberarlo de pagar el alquiler por el tiempo que dure el tipo de evento descrito en la cláusula. Si su contrato de arrendamiento incluye una garantía o garantía personal, es probable que usted sea responsable de pagar el alquiler sin importar lo que le suceda a su empresa. La garantía personal es una declaración de que usted “garantiza personalmente” o “acepta garantizar el cumplimiento” de todos los requisitos del contrato de alquiler. Otra frase clave a buscar es “acordar garantizar.”
Una cláusula de “Fuerza mayor” libera de las obligaciones de un contrato debido a “casos fortuitos”. Estas cláusulas podrían liberar a las partes de las obligaciones contractuales si no pueden cumplir con estas debido a circunstancias fuera del control de las partes, como eventos climáticos extremos, desastres naturales, aplicaciones de leyes o acciones de gobierno inesperadas o huelgas. Estas cláusulas a menudo se encuentran en las secciones de Terminación o Varios de un contrato de arrendamiento y a veces se denominan cláusulas de Imposibilidad. A veces, las cláusulas de Fuerza mayor son vagas y a veces son sumamente específicas, incluso enumeran epidemias y pandemias entre las cosas que podrían liberarlo de sus obligaciones.
No obstante, PRESTE ATENCIÓN. Es muy común que una cláusula de Fuerza mayor en un contrato de arrendamiento excluya el pago del alquiler como una de las cosas de las que se puede liberar. También es probable que la cláusula se aplique solamente al período de la emergencia, lo que significa que incluso si tiene una cláusula que le permitiría no ser responsable del alquiler, solo sería hasta que haya terminado la emergencia, y luego usted volvería a tener que pagar el alquiler. Si tiene una cláusula de Fuerza mayor o Imposibilidad, asegúrese de leerla con mucha atención. Si quiere ver si en su caso se le permite dejar el arrendamiento, definitivamente debería consultar primero a un abogado. Además, tenga presente que una emergencia que exonera al arrendatario de su obligación de pagar el arrendamiento también podría exonerar al propietario del inmueble de cumplir con sus obligaciones de acuerdo con el contrato de arrendamiento. Estas cláusulas a menudo se redactan para que estén disponibles en forma igualitaria para ambas partes del contrato de arrendamiento.
Por último, preste atención a cualquier requisito de notificación que pueda exigirse para invocar la cláusula de Fuerza mayor, si corresponde. Si necesita enviar una notificación de este tipo, le recomendamos consultar primero a un abogado.
Aquí es donde una cláusula de Fuerza mayor podría ser muy útil. Una característica muy común de las cláusulas de Fuerza mayor es que por lo general exoneran a la parte de cumplir con sus funciones debido a una aplicación de la ley o acción del gobierno inesperada. La Orden Ejecutiva del Gobernador Brown n.º 20-12, expedida el 23 de marzo de 2020, exige el cierre de determinados negocios y que se trabaje desde el hogar o se brinden servicios muy limitados de otros (como los restaurantes).
Definitivamente nadie podría haber anticipado la pandemia global causada por el coronavirus. Como la Orden Ejecutiva del Gobernador Brown imposibilitó el funcionamiento de ciertos negocios, es probable que la cláusula de Fuerza mayor en su contrato de arrendamiento lo libere de este requisito en particular. Incluso si no tiene una cláusula de Fuerza mayor en su contrato de arrendamiento, probablemente igual esté exonerado de cumplir con esta obligación del contrato de arrendamiento si permanecer abierto viola la Orden del Gobernador. Un tribunal no le exigiría que viole las restricciones de la pandemia para cumplir con los términos del contrato de arrendamiento. Aclare esta condición durante sus negociaciones con el propietario del inmueble para asegurarse de que ambos se entienden.
Un propietario también podría buscar aprovechar una cláusula de Fuerza mayor para cancelar el contrato de arrendamiento durante la crisis causada por la pandemia. Si esto sucede, considere consultar con un abogado para que lo ayude a comprender el contrato de arrendamiento, a negociar o buscar otros recursos legales.
Si considera que debe declararse en bancarrota, hable con un abogado especializado en bancarrota antes de comunicarse con el propietario del inmueble.
Depende de si desea mantener su espacio o si desea cerrarlo por ahora. En cualquiera de los casos, revise su contrato de arrendamiento para ver las condiciones de pago, qué sucede si no paga o infringe el contrato, qué tipo de notificación debe proporcionar si desea irse o quedarse (y qué tipo de notificación tiene que darle el propietario a usted) y las compensaciones si usted no paga.
Si desea quedarse en su espacio comercial, comuníquese con el propietario como se sugirió anteriormente. Como mencionamos antes, es posible que el propietario quiera mantener a los arrendatarios en sus espacios, dada la incertidumbre actual para atraer y firmar contratos con nuevos arrendatarios.
Si desea irse, es posible que su contrato de arrendamiento le exija que proporcione una notificación de al menos 30 días para cancelarlo. De todos modos podría negociar un aplazamiento o reducción de su alquiler hasta que pueda irse bajo los términos del contrato de arrendamiento.
Es muy probable que tenga un contrato de arrendamiento. En Oregon, los arrendamientos comerciales no se pueden hacer cumplir a menos que su valor sea de menos de $1,000 para la totalidad del acuerdo o que estén por escrito. (ORS 72A.2010).
Si no puede encontrar su contrato de arrendamiento, trate de recordar de qué forma usted y el propietario acordaron que usted arrendaría su espacio. ¿Intercambiaron mensajes de correo electrónico para establecer los términos? Si fue así, busque sus mensajes de correo electrónico. Si usaron un programa de software para firmar, como Docusign, es posible que pueda usar el enlace para ir al contrato de arrendamiento que firmó en ese programa, o podría tener una copia en su correo electrónico o en su computadora. Si usó los servicios de un intermediario o de un abogado, comuníquese con ellos para obtener una copia. Si está en un complejo con otros arrendatarios que probablemente tengan el mismo contrato de arrendamiento que usted o uno similar, podría pedir para ver el de ellos. Si tiene una buena relación con el propietario o el administrador del inmueble, puede simplemente contactarlos para pedirles una copia. Si no está en buenos términos con el propietario y no tiene otra forma de obtener una copia, asegúrese de que el contrato de arrendamiento que le entreguen coincida con lo que usted recuerda.
Si tuvo un contrato de arrendamiento y los plazos vencieron, ahora se lo considera como arrendatario mensual. Esto significa que debe darle al propietario una notificación de terminación con al menos 30 días de anticipación. ORS 91.070. Puede negociar un contrato de arrendamiento y plazos de pago si desea permanecer en su espacio. No olvide hacerlo por escrito.
Si no tiene un contrato de arrendamiento por escrito y solo es un acuerdo verbal, entonces es posible que no tenga un contrato de arrendamiento que se pueda hacer cumplir. ¡Pero de todos modos, no se vaya simplemente! Si se va sin pagar, el propietario podría aún tener algunos derechos porque usted estuvo en posesión de la propiedad y se benefició de esta. Consulte con un abogado para entender sus derechos y obligaciones. Si quiere quedarse, negocie un contrato de arrendamiento por escrito con el propietario lo antes posible.
Please see the information under Traffic Safety School Program, Seatbelt Safety Program, and Youth Driver Safety Program. If you are eligible for these programs, you may be able to have the citation dismissed.
Note: Typical building codes used in the State since 1960 have had a requirement that the foundation sole plate be anchored to the foundation by ½ - inch diameter bolts space six-feet apart along the foundation wall. Depending on the type of floor construction, you may not be able to see if these bolts exist (especially in a ‘post and beam’ type floor system where the sub-floor boards or plywood are nailed directly to the sole plate, covering the top of the bolt and nut). See Structural Mitigation for information on anchorage foundations and other earthquake retrofit information.
For ledger board attachment, see page12 (figures 5, 6 and 7). For lateral load connection of deck joists to floor joists, see page13 (figure 6a). Attachment of the ledger board is the most important (even to ensure the ledger won’t dislodge during normal use from people standing, sitting and walking on the deck). It is very important to make sure to add lag screws or bolts to the connection if it has only been attached with nails.
For cross bracing of posts, see page 17.
For connections of joist, beams and posts, see pages 18-20. Home improvement stores usually carry an assortment of metal straps, ties, hangers, ties, bolts and lag screws referenced in the document.
The nearest options include (this is not an all-inclusive list):
The selection process includes the submission of a completed application and interviews. Because the Human Resources Department evaluates a large volume of applications, the process may at times seem long. The objective is to determine which applicants are best suited to perform the job.
When the Human Resources Department receives applications for a vacancy, we select those candidates whose backgrounds most closely fit the needs of the job and the city. These candidates’ applications are forwarded to the hiring manager for interview selection.
Initial interviews are generally in a panel format. If you need accommodations for the interview process, please notify us at the time the interview is scheduled.
Applications will remain on file for six months. If you have applied for a position that is currently open, we will notify you regarding the status of your application.
Employees hired into represented classifications must become and remain a member of the designated union for the classification, paying the dues as specified by the union or pay a fair share of the union’s costs of negotiation and administration of the contract as specified in the pertinent labor agreement.
The Classification Listing indicates which positions are represented by the SEIU or the Beaverton Police Association.
The City of Beaverton participates in the Public Employees Retirement System (PERS) and pays both the employer and employee contributions. Employees have the opportunity to participate in a separate deferred compensation program.
Employees may participate in a medical and/or dependent-care flexible spending account. The city also provides a paid time-off program, as well as 10 paid holidays as part of the benefits offered.
For additional information, please visit our Employee Benefits page.
It is important that you wait to formulate your opinion about the verdict until the deliberations begin in the jury room. To avoid arguments in the jury room, listen to everyone’s opinion, make your own decision, and vote as your intellect and conscience dictate.
A recreational marijuana facility in Beaverton must first obtain an Oregon Liquor Control Commission (OLCC) license; a medical marijuana facility must first register with the Oregon Health Authority (OHA). Once the marijuana facility has obtained final approval from the OLCC or OHA, as applicable, and has documentation that the facility has an OLCC license or OHA medical marijuana dispensary number, the facility must next obtain two City of Beaverton licenses. One is a business license, and the other is a marijuana facility license. The two city licenses are separate and have separate application processes. Applications for the city’s business license and marijuana facility license are available online and at the Beaverton Building, the Finance Utility Billing Counter, 2nd Floor, located at 12725 SW Millikan Way, Beaverton, OR 97005. Applications must be submitted in person and include the payment fee. The City will then process the application, and will approve or deny a marijuana facility license application within 180 days of its receipt. If approved, the City will send the marijuana facility a marijuana facility license. If denied, the City will notify the person responsible for the marijuana facility of the reason for the denial.
You may come to open court hours below to see a judge and resolve the matter.
See Warrants page.
You may come to open court hours to see a judge and resolve the matter.
Visit Photo Radar / Red Light page to complete and submit a Certificate of Innocence (if an Individual) or Certificate of Non-Liability (if a Business) to the court immediately.
You may come to Traffic open court hours to see a judge and resolve the matter. Bring any evidence you as to why you didn’t receive the notice.
See License Suspensions page to help you resolve your license suspension.
Read the answer on Requests to Remove IID page.
We are looking for vendors whose business includes food, craft, art or other product that represents the world culture(s) that they identify with. It is not necessary that you be an established business in order to sell at the Beaverton Night Market. We are looking for people in the greater Beaverton area who have a desire to share their culture through sales and we are able to help facilitate the business development process.
We welcome vendors who have a craft, hobby or traditional skill that they are looking to transform into a business concept. If you are unsure whether your business/idea is appropriate for the Beaverton Night Market, please reach out to the market manager, Jodi Monroy via email or phone at firstname.lastname@example.org or 503-453-5153.
To be considered for vending at the Beaverton Night Market, please fill out the online or downloadable paper application as completely as possible. To ensure the best possible consideration, provide details about your product in your application. Be sure to include descriptions, pictures/website and an explanation of the cultural representation of what you plan to sell, it will help the selection committee make a decision about your application.
Shortly after the application deadline, the selection committee will convene to go over all applications and make vendor selections based on the above 4 selection criteria points. You will be notified by email and/or telephone of the committee’s decision and, if selected, be informed of the next steps.
One of the goals of the Beaverton Night Market is to promote economic opportunity for culturally-specific businesses in Beaverton. As such, there is no space fee for selling at the Market.
All vendors will need to provide proof of commercial liability / automobile/worker’s comp insurance, listing the City of Beaverton as an additionally insured. Businesses that regularly conduct business within the City of Beaverton will need to provide a City business license. Some vendors (depending on the food product being sold) will need to be licensed and/or approved by state or county health departments.
Vendors are required to provide their own canopies, canopy weights, tables, chairs and interior lighting.
All vendors are expected to attend an orientation session in June prior to the first market.
In addition to the Beaverton Night Market offering a fee-free opportunity for vendors, the City of Beaverton is able to provide financial support for select vendors in order to comply with the above insurance, licensing and equipment requirements. The Market manager can help identify if you qualify for these scholarships. The Market manager can also offer navigational support to help your business fulfill the licensing, insurance, permitting and equipment requirements.
If desired and in conjunction with City partners, the Beaverton Night Market can help with small business support and growth resources. We can help you to identify your needs and connect you with local resources to help you achieve your business goals, whether it be establishing a new business or growing an existing one.
Your success at the Beaverton Night Market depends largely on your preparation and business strategy before the market event. Please keep the following points in mind when designing your attendance as a vendor at the Beaverton Night Market:
Buscamos a vendedores quienes vendan comida, artesanía, arte u otros productos que representan la cultura(s) con la cual se identifican. No es necesario tener un negocio establecido para vender en el Mercado Nocturno de Beaverton. Buscamos a personas en el área de Beaverton quienes tienen un deseo de compartir su cultural a través de la venta de productos y podemos ayudarle en acceder recursos para desarrollar su negocio si así desea.
El mercado está abierto a vendedores que hacen artesanías, manualidades, productos tradicionales como pasatiempo y quieren transformarlo en un negocio. Si usted tiene duda de si su negocio/idea es apropiado para el Mercado Nocturno de Beaverton, favor de contactar al gerente del mercado, Jodi Monroy por correo electrónico o teléfono al email@example.com or 503-453-5153.
El criterio de selección para vendedores del mercado incluye lo siguiente:
Para ser considerado paravender en el Mercado Nocturno de Beaverton, favor de rellenar la solicitud en líneao en papel de la manera más completa y detallada que se puede. Para mayor consideración,proporcione detalles acerca de su producto en su solicitud. Asegúrese deincluir descripciones, fotos/sitios de web y una explicación de la importanciay representación cultural de lo que quiere vender, lo cual ayudará al comité deselección tomar una mejor decisión acerca de su solicitud.
Pocos días despuésde la fecha límite, el comité de selección se juntará a leertodas las solicitudes y seleccionará a los vendedores basado en los criteriosarriba. Se le notificará a usted por correo electrónico y/o teléfono de ladecisión del comité y, si es seleccionado, se le explicará los siguientespasos.
Unas de las metas principales del Mercado Nocturno de Beaverton es promover oportunidad económica para negocios culturalmente-específicos en Beaverton. Por lo mismo, no hay cuota para vender en el Mercado.
Todos los vendedores tendrán que proporcionar pruebas de seguro de responsabilidad civil general comercial/de auto/de compensación para trabajadores, indicando a la Ciudad de Beaverton como “asegurado adicional.” Negocios que operan de manera regular dentro de la Ciudad de Beaverton deben proporcionar una licencia de negocios de la Ciudad. Algunos vendedores (dependiendo en el producto comestible que se vende) necesitarán licencia y/o aprobación del departamento de salud del estado o condado.
Se les requiere a los vendedores proporcionar su propio toldo, pesas para toldo, mesas, sillas y luces interiores para su puesto.
Se les requiere a todos los vendedores asistir una sesión de orientación en junio antes del primer mercado.
A parte de no cobrarle el puesto al vendedor del Mercado Nocturno de Beaverton, la Ciudad de Beaverton también tiene fondos limitados para dar becas a algunos vendedores para ayudar con los costos del seguro, licencias y equipo requerido para participar. La gerente del Mercado puede ayudarle a usted a identificar si califica para estas becas. La gerente del Mercado también puede prestarle a usted ayuda para navegar estos procesos de sacar licencias, seguro, permisos y equipo.
Si desea, junto con socios de la Ciudad, el Mercado Nocturno de Beaverton puede ofrecer apoyo para hacer crecer su negocio. Podemos ayudarle a identificar sus necesidades y conectarlo con recursos locales para ayudarle a lograr sus metas acerca de su negocio, tales como establecer un negocio formal por primera vez o hacer crecer uno ya existente.
Su éxito en el Mercado Nocturno de Beaverton depende mucho en su preparación y estrategia de negocio antes del evento. Favor de considerar los siguientes puntos cuando planea su participación como vendedor en el Mercado Nocturno de Beaverton:
The Open Air Beaverton program enjoyed strong support this summer and businesses and customers have requested that it continue into fall / winter and through next spring / summer.
Therefore, the Open Air Beaverton Program will last until further notice.
The program is for eating / drinking establishments, recreational uses, personal services and retail businesses.
Businesses city-wide may temporarily expand into private parking lots. Businesses in Old Town and Beaverton Central may apply to temporarily expand into public street parking spaces.
1st Street Dining Commons enjoyed strong support this summer and businesses and customers have requested that it continue into fall / winter and through next spring / summer. The 1st Street Dining Commons is anticipated to last until further notice.
Tents, canopies and any temporary weather covering must be fire-rated for safety, meaning it must be NFPA-701 or CPAi-84 certified. This certification is usually sewn or affixed to the covering.
A catalytic heater is a flameless heater, such as a space heater. They can be electric or gas.
Fire pits are allowed in certain areas only and in compliance with the fire code. Due to smoke and safety concerns, wood fire pits are not allowed under tents or canopies or allowed in public rights of way.
A pop up tent or canopy is defined as a small, portable tent or canopy that is easy to assemble, with a collapsible frame that springs into functional position.
In most cases, yes. However, side walls may restrict air flow necessary for health, block vehicular visibility and affect the location of heating devices or otherwise conflict with the fire code. Therefore, if not otherwise restricted, it is recommended that 50% of the tent or canopy be left open for air flow.
That depends on what you want to do and where you want to do it. If you are looking to establish an outdoor expansion on a private parking lot, you can do that without approval, as long as some requirements are met. If you are looking to expand outdoors in the public right of way or involve most kinds of tents and heaters, you will need written approval from the Tualatin Valley Fire and Rescue and a permit from the City of Beaverton. These approvals could take 1-2 weeks.
There is no fee to apply for an Open Air Beaverton permit.
No, the City of Beaverton does not provide such a list.
Orange barriers are provided for free by the City for permittees in public street parking spaces.
If you do not want to contest the citation but still want to provide an explanation to the Court, you must submit a letter entering a plea of no contest and attach your explanation with your payment. You must send the letter before the date and time printed on the front of the citation. IMPORTANT: If you choose this option, this will be considered your written appearance and you waive your right to a trial. The court may consider your written explanation in determining the penalty, and may refund some or all of the money paid.
You may contest your citation by requesting a trial. You may request a trial by either appearing in person or submitting a written request for trial before the court date and time printed on the front of your citation. You must indicate whether you wish to have an in-person trial or trial by affidavit (in writing). Important: if you are found to be in violation of the city parking code, the fine/penalty will not be reduced. If you are found not guilty or not in violation of a parking code or statute, the fine/penalty will not be imposed.
If you have a monthly parking permit and you received a parking citation because the permit was not visible to the parking enforcement officers, you may present your permit and the citation to the city’s parking division located at ___/a court clerk of the Beaverton Municipal Court. Monthly permit holders may be able to have the citation dismissed in cases where individuals failed to display their parking permits.
What if I don’t pay? You have 30 days to pay your citation or you can contest the citation in writing or in person to the Beaverton Municipal Court by the date on your citation. If you do not pick either option, the registered owner of the vehicle will receive a letter from the Court. If the Court does not receive a response to the letter from the Court, the citation will be sent to collections, with additional fees added. Additionally, the cited vehicle may be subject to tow if there are four or more unpaid parking citations issued to the same vehicle.
When a citizen becomes aware of criminal activity whether as a victim or a witness, they may call 9-1-1 to report it. That is referred to as a call for service. After an officer is dispatched to investigate the incident, they may file a report, and the compilation of those reports is referred to as reported crime. Analysis of calls for service provides an unfiltered view of what crimes are being reported to police, and with automated dispatch systems, the data is much more current. Police reports provide much greater information about the details of criminal activity, but not all reports are entered and available for analysis immediately. Our Apartment Calls for Service page provides information for those interested in evaluating local apartment complexes, and further analysis of police reports. Other sources of crime analysis may focus on arrests or on the number of reported crimes cleared by the arrest of a suspect, criminal convictions, or sentences rendered.
Using maps that help people visualize the geographic aspects of crime, however, is not limited to law enforcement personnel. Mapping can provide specific information on crime and criminal behavior to elected officials, the media, and the community.
A city charter is like a constitution that outlines the principles, structures and process of government. It is a legal document that defines an organization, as well as its powers, functions and essential procedures. Like constitutions at federal and state governments, the City of Beaverton has a charter that describes the roles and powers of the Mayor, City Council and city officers, as well as the basic framework for how the city conducts business.
Beaverton’s existing charter was approved by voters in November 1980. It was amended once in 2008 when voters changed a section relating to urban renewal.
It gets changed by Beaverton voters. The City Council can initiate discussions and pass a resolution to refer a proposed charter to Beaverton voters for consideration, but Beaverton voters must approve the changes at an election.
Yes, the Beaverton City Council referred the proposed city charter to Beaverton voters for the May 19, 2020, primary election.
If approved, the proposed charter would become operative on January 1, 2021.
Nothing. The city would continue to operate as it does under the existing charter, none of the charter changes described would occur, and there would be no fiscal impact.
The financial impact under the proposed charter would be approximately $42,000, if the measure passes, because it would replace or modify existing positions included in the city’s current charter. For example, the cost of adding a new city Councilor position would be available from a redistribution of the Mayor’s existing salary to a new councilor position. The cost would paid by the City’s general fund through an existing revenue stream.
Cities periodically review their charters to update the charter in various ways. The Beaverton City Council began a series of discussions in fall 2019 regarding potential changes to the city’s existing charter. Discussions and public hearings on the topic occurred during public meetings.
If the measure passes, the proposed city charter would outline details related to the city’s form of government, term limits and language preferences. These would include:
Most Oregon cities are one of four basic forms of government. These include:
Yes, the City Council discussed the proposed Charter during public meetings. Between September 2019 and February 2020, there were nine work sessions, as well as two public hearings on this topic.
The City of Beaverton will provide information on the proposed charter to the community. A dedicated web page at www.BeavertonOregon.gov/Charter will be a source of information and will list upcoming activities.
The City cleans a little under one half of the catch basins annually on a set schedule. If a catch basin is full or is not draining after a rain event it may have been covered with leaves or road debris that needs to be removed from the grate. It is greatly appreciated if citizens rake the material off the catch basin into the street. If the catch basin is not blocked and is not draining, please call the Storm Section at (503) 526-2568.
General creek maintenance is the responsibility of the abutting property owners. The City has minimal maintenance areas on the creeks.
The City maintains a list of Approved Street Trees or you may contact Urban Forestry at 503-526-2237 or 503-526-2206.
In residential areas, the street trees should be trimmed to not less than 12 feet over the street and not less than 8 feet over the sidewalk so that none of the branches block any part of the sidewalk or the street. On other streets such as major arterials and collectors, the street trees should be trimmed to not less than 14 feet over the street and not less than 10 feet over the sidewalk. (Measure straight up from the inside of the curb on the street side and straight up from the sidewalk side.) For more information, please refer to the City of Beaverton Tree Planting and Maintenance Policy or contact Urban Forestry at 503-526-2237 or 503-526-2206.
No, insect and disease control for trees located within the right-of-way is the responsibility of each property owner. For more information and recommendations for treatments, contact Urban Forestry at 503-526-2237 or 503-526-2206.
Yes, please refer to the City of Beaverton Tree Planting and Maintenance Policy. Unless otherwise stated, please call the Landscape / Urban Forestry Section at 503-526-2237 or 503-526-2206, to report a problem or obtain additional information.
Materials are placed on the recyclable list when the markets are stable and able to accept the large quantities of materials that citywide programs generate. Careful consideration is given when any material is added to recycling collection. Rarely are materials removed from the list. Public recycling depots, such as Far West Recycling, often accept materials for recycling that can’t be recycled curbside. Contact the depot for more information or view the recycling depot page.
In April, 2009, the City of Beaverton passed the Business Recycling Requirements that state that all Beaverton businesses* recycle all paper, cardboard, and containers (metal, plastic and glass). The Recycle At Work program offers free assistance and desk-side boxes to businesses in the City. To learn more, please call The Recycle at Work program at 503-526-2460.
Scrap metal can be recycled at home, but it must be smaller than 30 inches and weigh less than 30 pounds. All metal pieces must fit into the cart completely so the lid will close. Any remaining pieces that are not metal or are a few materials mixed together should go into your regular garbage.
If the item is really large, you can place it at the curb and call the hauler in advance to pick it up for an extra fee. Call your hauler for exact pricing. You can also self-haul to a recycling depot that accepts the particular item. Some restrictions do apply, especially for items containing a coolant like refrigerators or oil. Contact the recycler or Beaverton’s Recycling Program 503-526-2665 for more information.
The defense attorney is provided with a copy of all documentation you submit. This “discovery” process is done prior to the sentencing hearing so that restitution can be ordered at the time of sentencing. If we do not hear from you or receive your restitution request form, we are unable to notify the judge that you are requesting restitution.
At the Sentencing Hearing, the judge will be provided a Restitution Notice with the amount of restitution requested on the victim’s behalf. If there is no objection from the defense attorney or judge, it is ordered. If there is an objection, the defendant has a right to a Restitution Hearing which will be scheduled for a future date. The victim may be subpoenaed for this hearing.
When a defendant is convicted of a crime the judge may order they pay restitution. The amount of restitution ordered is based on the economic damages the victim suffered as a direct result of the crime. The judge makes the final decision on what can and cannot be ordered as restitution.
When the judge orders restitution as part of the sentence, the defendant is commonly allowed to make payments toward restitution and other financial obligations imposed as part of the sentence. The amount and schedule of payments is determined by the judge during sentencing.
When determining an appropriate payment plan, the defendant’s current circumstances, incarceration status and ability to pay are taken into consideration. $25.00 per month is a common amount ordered.
Each payment received is split 50/50 between restitution and fees/fines. The 50% going to the victim is split between all victims in the case (except orders to third parties such as insurance companies and banks).
Defendants make payment to the Beaverton Municipal Court. Processing time for payments varies. If the defendant pays with a personal check, a two-week hold is added to the processing time. Checks to victims are issued once per month after the payment and paperwork is processed. Expect the payment to take approximately 30 days to reach you.
A defendant sentenced to bench probation is supervised by the judge and not a probation officer. When restitution is not paid, the sentencing judge issues a hearing for show cause for an explanation as to why the defendant is not complying with the Court’s order.
If after 60 days from sentencing you have not received restitution payments, contact Court Accounting at 503-526-2290. First verify if the court has received a late payment or if the payment is being held. Also verify the address they have on file for you. It is very important to keep your address current with the Court so payments are mailed to the right location.
Judges can be contacted by writing to the Beaverton Municipal Court, POB 4755, Beaverton, Oregon 97076, regarding non-payment issues. Please include the name of the defendant and court case number when addressing concerns.
It is your responsibility to keep the Court informed of your current information. You may contact Beaverton Municipal Court Accounting at 503-526-2290 to provide updated information.
Unclaimed restitution payments will be forwarded by the city to the State of Oregon Department of Lands.
If restitution has not been paid in full prior to the end of supervision/probation, the case is sent to a collections agency. The restitution judgment will remain for 50 years from the date of sentencing.
Starting the first business day of October utility providers can apply online for their license and registration and will have until November 15 to do so. It is important to note, that if you do not have a valid license and/or registration, right of way permits will not be granted. Starting October 1, 2016 the City will begin assessing rights of way fees consisting of either quarterly payments of 5% of gross revenue, or the $3.50 per linear foot rate. The first quarterly payment is due for the period ending December 31, 2016 no later than January 31, 2017.
The City Engineer may approve early grading permits outside of the above months if circumstances warrant and all other required items are completed. The City will not be approving the proposed grading as to the final plans, but only that the early grading meets City Code and the technical standards of the Engineering Design Manual. Obtaining an early grading permit is done at your own risk, and any changes required to the final plans and project during the full site development permit review process will be at the your expense.
Examples of temporary events not requiring permits if matching exemption criteria:
For Special Event Permits, to check on the status, applicants are encouraged to email the Special Event Program Coordinator at firstname.lastname@example.org. Applicants are assigned a Special Event number after they fill out the Special Events Permit Application. Proposals are routed to City Police, Public Works and Transportation staff for review and comment. A member of city staff will inform you as to when your permit is approved and any specific issues or concerns that must be addressed.
For Temporary Use Permits, to check on the status applicants are encouraged to contact the City Planning Division of the Community Development Department at (503) 526-2420. Proposals may be routed to the City Building staff for comments and conditions. Transportation and Public Works staff may also review the application depending on the scope of the proposal. A member of the Planning Division staff will inform you as to when your permit is approved and any conditions.
Washington County recently began a Cooper Mountain Area Transportation Refinement Plan that seeks to identify and define long-term options for major road connections in the Cooper Mountain area. The plan’s study area, which extends beyond the Cooper Mountain Urban Reserve, is bounded by Tualatin Valley Highway, the Tualatin River, 170th Avenue and River Road/Tualatin River. The goal is to identify a preferred long-term transportation network for many travel modes (such as automobiles, transit, biking and walking) and determine implementation steps to create that major street network, including how to pay for it. This effort will include public engagement.
The City of Beaverton is committed to working with the County to develop plans for the road network and identify implementation steps. South Cooper Mountain Concept Plan.
Cooper Mountain’s higher elevation areas make it difficult to travel in snow and ice. With development of the Cooper Mountain Urban Reserve and South Cooper Mountain, there will be new or expanded roads that connect the neighborhoods to the surrounding areas. Some of these roads, such as Scholls Ferry and Tile Flat, will be at lower elevations. New or revamped streets will be designed with curbs and slopes that will be safer than some of the existing rural roads. If necessary, traction devices such as snow tires and/or chains will be required on higher elevation streets during winter weather events (similar to the existing restrictions on 175th). The County and City also may give higher priority to these streets for deicing and plowing.
This will involve identifying natural resources and ensuring the city’s development rules consider the resources as development occurs. How this happens will be determined when Beaverton works with community members to create a community plan and zoning for the urban reserve. It likely will be similar to how it was handled in South Cooper Mountain, which is directly south of the urban reserve.
In South Cooper Mountain, a Goal 5 resource analysis was done to identify natural resources. The identified resources were mapped and designated Significant Natural Resource Areas (SNRAs) within the City’s Development Code. Tree removal in SNRAs requires an application and a justification for why tree removal is needed. Clean Water Services, the sanitary sewer and stormwater agency, also requires a 50-foot vegetation buffer around wetlands and streams to protect stream-side resources and water quality.
These development rules work together to ensure the majority of natural resources are retained.
People want to move to Beaverton.
Beaverton is known for its excellent quality of life, demographic diversity, access to jobs (both in the city and nearby), high-quality schools, access to the natural wonders of the Tualatin Valley and the rest of our state, and other amenities. The city has been ranked by national magazines as one of the best places to live in the country. Strong interest in building new homes in South Cooper Mountain, just south of the urban reserve, demonstrates that there is demand for new homes in Beaverton.
For those reasons, Beaverton’s population is growing and expected to keep growing in the coming years. Beaverton needs additional housing to accommodate this growth, including houses, townhomes, duplexes, triplexes and apartments. Although the city expects some growth to happen within its current borders, expanding the urban growth boundary would help fill this gap. If Metro approves the expansion, residential development in the Cooper Mountain Urban Reserve could add 3,760 homes to the housing supply over the next 10-20 years.
Metro does not have a density requirement in its rules for the planning of new urban areas. If the area is added to the urban growth boundary, the Metro Council will identify the expected number of homes to be built in the reserve area generally based on the concept plan created by the city.
The Metro-approved South Cooper Mountain Concept Plan estimated that 3,760 homes could be accommodated in the 1,232-acre Cooper Mountain Urban Reserve. However, only 600 acres are developable due to wetlands, upland habitat, and other protected areas. After subtracting land that is required to build streets, schools, and parks, the remaining land can be developed as housing at about 10.6 net units per acre. If the area is added to the urban growth boundary, the City of Beaverton will work with community members to develop a community plan for the area that can be used to establish zoning and density requirements for the area.
The tax bill for a property is determined by two things:
Property owners are not likely to see significant assessed value increases right away when added to the urban reserve, assuming other changes have not been made to the property such as remodeling, enlarging existing buildings or new development. The assessed value of properties likely will not significantly increase until after annexation to the city occurs, a change in zoning is established and a proposed subdivision of the property is processed and approved by the Washington County tax assessor. Property owners can get more information about how property values are assessed from the Washington County Department of Assessment and Taxation.
Tax rates would not change immediately when the urban growth boundary is expanded (unless, of course, taxing districts that currently cover the urban reserve raise their tax rates). That would happen once the property is annexed into the City of Beaverton or other taxing districts.
That is the simple answer. Each property might have its own particular circumstances that would result in a different outcome, such as tax deferrals for agricultural uses. Please contact your tax advisor and/or the Washington County Department of Assessment and Taxation to understand how changes might affect your property.
When a property annexes into the City of Beaverton, city property taxes normally are applied to that property in the year following annexation. The Beaverton tax rate is $4.29 per thousand dollars of property value (2017-18 tax rate). For a residential property valued at $265,000, that tax increase would be an additional $1,137 per year. If a property is added to other taxing districts, such as Tualatin Hills Park & Recreation District, the tax rates for those districts would apply as well.
For the urban reserve, it’s too soon to tell. No zoning has been established for the area yet. If the area is brought into the urban growth boundary, Beaverton will work with community members to create a community plan and development rules for the area.
If the city’s current development rules were used, the answer is: Yes, that is an option. So it might happen sometimes.
In its current development rules, Beaverton allows adjustments to provide housing opportunities while encouraging natural resource protection.
For example, Beaverton’s development rules allow for density transfers if the site is part of a Planned Unit Development (PUD). A PUD allows modification of the development rules to preserve natural resources or address unique site conditions such as natural resources. A PUD may be applied to residential properties that are 2 acres or larger.
Planned Unit Development design rules promote flexibility by allowing developers to cluster buildings while leaving the remaining property without buildings, such as by establishing open space, protecting natural resources or providing recreation/open space. In most cases, lot sizes can be reduced up to 50 percent to preserve natural resources within a development. For example, if a property were designated for 7,000-square-foot lots, this would allow lots as small as 3,500 square feet on the developed portion of the property so natural resources could be preserved on the other part of the property.
Overall, this produces the same or similar number of units per acre while allowing natural resources to be preserved.
It is possible this process could be modified for the urban reserve, but that depends on the outcome of the community plan.
Metro, the regional government, will host an on-line public comment period from mid-June to mid-July. Notice will be provided through the Metro News webpage and social media.
Metro plans to have the first round of public hearings on Sept. 20 and Sept. 27, 2018. Notice, including instructions for public comments, will be provided prior to the hearing on the Metro calendar and Metro News webpage. Community members will have the opportunity to comment on the specific UGB applications from cities in the region.
The Metro Council plans to have a final hearing regarding the urban growth boundary expansion on Dec. 6, 2018. General notice will be provided 35 days prior to the hearing with direct notice to all households within 1 mile of a proposed expansion area occurring at least 20 days prior to the hearing. Public testimony will be accepted, and the hearing is open to the public. A final decision by Metro Council is expected on Dec. 13, 2018.
Financial institutions are required by Oregon law to report foreclosed properties. To comply with the law simply fill out the Report of Foreclosed Residential Real Property.
Bench Probation is used when the sentencing Judge decides to supervises the defendant. Bench probation is most often, but not always, used in misdemeanor cases.
The Judge can also refer the person to services based on his or her problems and needs. Common services include drug and alcohol treatment, counseling, or education. If the offender does not agree to accept a sanction, there will be a hearing before the Court.
If an offender is not reporting, the Judge may also issue a warrant for the offender’s arrest.
If the offender is committing a crime - Call 911 If you think you or someone else is in danger - Call 911
If you become stuck or cannot drive your vehicle to weather conditions, plan to return and move it as soon as possible. Abandoned vehicles or vehicles blocking the right of way will be towed. Call 503-629-0111.
As of October 30, 2017, Beaverton residents with yard debris collection service can add food scraps to their yard debris roll carts - now called a composting cart.
Businesses may be eligible to participate in the Compost at Work program. Many businesses are already composting. The current focus is on food generating businesses like restaurants and grocery stores. If you think your business may qualify or if you have questions, please contact us at 503-526-8547 or RecyclingMail@BeavertonOregon.gov.