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Violator Letter 1 - 7-12-2021 1� D City of Tigard July 12, 2021 Pfeiffer, Thomas S 10365 Sw Johnson St Tigard, OR 97223 RE: Code Compliance Record Number: DCC2021-00077 Dear Pfeiffer, Thomas S: This requests your cooperation in resolving a complaint that we have received regarding your property at 12485 SW BROOKSIDE AVE, TIGARD, OR 97223 in Tigard. Code compliance is an important aspect of neighborhood livability and community pride. The City of Tigard values the quality of our neighborhoods and favors timely response to code compliance requests. The city particularly appreciates having your voluntary cooperation and compliance and we look forward to hearing from you. The complaint indicates that your property is in violation of Tigard Municipal Code provisions regarding: 18.20.020 Land Use Applications and Development Permits 18.20.030 Violations 18.760.050 General Provisions (Home Occupation Permit) 18.760.060 Approval Standards (Home Occupation Permit) 18.760.080 Revocation of Home Occupation Permits Specifically, it has been reported that there are violations of the conditions of the Home Occupation Permit associated with your property involving the presence of outside employees and exterior storage of a large commercial vehicle weighing in excess of 0.75 tons. Please adhere to the conditions of the Home Occupation Permit associated with your property 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov We have not yet verified these violations nor have we assessed any penalties. If you can confirm that no violation exists or if you correct it voluntarily within 20 days as discussed below, we will not assess penalties and there will be no court record. Each violation described above constitutes a Class One Civil Infraction under the code and is subject to a penalty of up to $250 per day per violation and/or abatement by the city at the property owner's expense. Included below are the relevant regulations pertaining to property use and maintenance, as well as a description of the city's code compliance process. 18.20.020 Land Use Applications and Development Permits A. Land use applications. An applicant who proposes a use or development that is governed by this title must obtain approval of all required land use applications prior to establishment or construction. New development, changes to existing development, and changes in the type or number of uses may require a land use approval. B. Development permits. An applicant who proposes a use or development governed by this title must obtain approval of all required development permits prior to establishment or construction. New development, changes to existing development, and changes in the type or number of uses may require a permit. C. Certificate of occupancy. A structure or use may not be used or occupied for the purposes provided in the development permit until the city has issued a certificate of occupancy. Prior to the final completion of all work, a certificate of occupancy may be issued for a portion of the structure conditioned upon further work being completed by a date certain. (Ord. 18-23 §2; Ord. 17-22 §2) 18.20.030 Violations A. Violations. It is unlawful to violate any provisions of this title including but not limited to provisions relating to a land use approval or conditions of land use approval. Erection, construction, alteration, maintenance, or use of any building or structure in violation of this title; or use, division, or transfer of any land in violation of this title is prohibited. Each violation of a separate provision of this title constitutes a separate infraction, and each day that a violation of this title is committed or continued constitutes a separate infraction. B. Responsible party. The responsible party is the person responsible for curing or remedying a violation, which includes: 1. The owner of the property, or the owner's manager or agent or other person in control of the property on behalf of the owner; 2. The person occupying the property, including bailee, lessee, tenant, or other person having possession; or 3. The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist, or placed the object or allowed the object to exist on the property. C. Enforcement. In any case where a violation of this title occurs, such violation constitutes a nuisance and a Class I Civil Infraction as provided in Title 6 of the Tigard Municipal Code. The city may remedy the violation by any 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov appropriate means necessary as allowed by the municipal code and available to the city. (Ord. 18-23 §2; Ord. 17-22 §2) 18.760.050 General Provisions (Home Occupation Permit) All home occupations except legal nonconforming home occupations must comply with all of the following in addition to the approval standards for Type I and Type II home occupations provided in Section 18.760.060. A. Home occupations may be undertaken only by a principal occupant of a dwelling unit. B. Deliveries to the residence by suppliers are limited to 3 per week. C. The home occupation must comply with all provisions of Title 6 of the Tigard Municipal Code. D. The home occupation must be operated entirely within the dwelling unit or a conforming accessory structure. The maximum square footage used for the home occupation and associated storage of materials and products is 25 percent of the combined residence and accessory structure floor area or 528 square feet, whichever is smaller. All indoor storage of materials or products must meet the provisions of the building, fire, health, and housing codes. E. A home occupation may not necessitate a change in the state building code use classification of a dwelling unit. Any accessory building that is used must meet building code requirements. F. A dwelling unit may have more than one home occupation, provided that the combined floor area used for the home occupations does not exceed the square footage limitation imposed in Subsection 18.760.040.D. Each home occupation must apply for a separate home occupation permit, if required by this chapter. G. The following activities are prohibited as part of a home occupation: 1. Storage or distribution of toxic, flammable, or explosive materials, and 2. Spray painting or spray finishing operations that involve toxic or flammable materials that in the judgment of the fire marshal pose a dangerous risk to the residence, its occupants, or surrounding properties. H. Additional parking is not required for home occupations. I. The following activities are not allowed as home occupations: 1. Motor vehicle repair and painting; 2. Mechanical repair conducted outside of an entirely-enclosed building; 3. Junk and salvage operations; and 4. Storage or sale of fireworks. J. Exterior storage of commercial vehicles, as defined in the Oregon Vehicle Code, is prohibited, except that 1 commercially licensed vehicle of not more than 0.75 ton gross vehicle weight (GVW) may be parked outside of a structure. (Ord. 20-01 §1; Ord. 19-09 §1) 18.760.060 Approval Standards (Home Occupation Permit) A. Type I home occupations. Type I home occupations must comply with the following: 1. Outside volunteers or employees are prohibited on the premises. Only members of the household may be engaged in the business activity; 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov 2. Exterior signs that identify the property as a business location are prohibited; 3. Clients or customers are prohibited from visiting the premises for any reason; and 4. Exterior storage of materials is prohibited. 18.760.080 Revocation of Home Occupation Permits A. Grounds for revocation. The Director may: 1. Revoke a home occupation approval if the conditions of approval have not been or are not being complied with and the home occupation is otherwise being conducted in a manner contrary to this chapter. 2. The Director may approve the use as it exists, revoke the home occupation permit, or compel measures to be taken to ensure compatibility with the neighborhood and conformance with this chapter after reviewing a complaint. Complaints may be originated by the City of Tigard or the public. Complaints from the public must clearly state the objection to the home occupation, such as: a. Generation of excessive traffic; b. Exclusive use of on-street parking spaces; or c. Other offensive activities not compatible with a residential neighborhood. B. Cessation of home occupation pending review. If it is determined by the Director in exercise of reasonable discretion, that the home occupation in question will affect public health and safety, the use may be ordered to cease pending hearings officer review or exhaustion of all appeals. C. Waiting period for re-application. When a home occupation permit has been revoked due to violation of these standards, the permittee must wait a minimum period of one year before another application for a home occupation on the subject lot will be considered. D. Invalidation of permit. A home occupation permit is valid only for the property designated on the application and is voided if the applicant moves from the residence. (Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) You have 20 calendar days from the date of this letter to respond to this compliance request. The city requires confirmation that your property is in compliance with all regulations cited above in one of two ways: • If your property is not currently in compliance, please take appropriate action to bring your property into compliance and notify the city of this action. • If you believe you have received this letter in error or you believe your property is not out of compliance, please contact us so we can discuss this further. Please respond in writing and reference record number DCC2021-00077. You can send photos or other documentation to codecompliance@tigard-or.gov, or mail it to City of Tigard Code Compliance, 13125 SW Hall Blvd., Tigard, OR 97223. If you do not contact us, we will have no way of knowing that the potential code infraction has been resolved or that the request was in error and we may then follow up with other 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov actions including on-site inspection and a possible summons and complaint. This letter also serves as your first formal notice that the City of Tigard may use an abatement service to correct persistent code infractions. The cost of such abatement is at the expense of the property owner and can include a lien on the property. This is in addition to the potential civil penalties discussed above. Your prompt response will be appreciated. It is important to us that Tigard remain a safe, clean, and attractive community. Thank you for your assistance in maintaining Tigard as "A Place to Call Home." Sincerely, Code Compliance City of Tigard 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov