Violator Letter 1.2 - 7-11-2023 1I
i • .-
TIGARD
City of Tigard
July 11, 2023
Bkm Park Bc 252, LIc
1701 Quail St Ste 100
Newport Beach, CA 92660
RE: Code Compliance Record Number: DCC2023-00045
Dear Bkm Park Bc 252, LIc:
This requests your cooperation in resolving a complaint that we have received
regarding your property at 11852 SW PACIFIC HWY, 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:
18.20.010 Compliance
18.20.030 Land Use Applications and Development Permits
18.20.040 Violations
15.04.010 Definitions. (Right-of-way, PFI, Sidewalk, Work)
15.04.030 Permit Required.
15.04.070 Compliance with Permit.
15.04.090 Construction in Right-of-Way.
15.04.160 Inspection and Acceptance.
15.12.010 Maintenance and Repair of Public Sidewalks.
15.04.180 Violation—Penalties.
Specifically, it has been reported that work in the right-of-way and sidewalk
construction associated with your property has been conducted without obtaining land
use approval and a Public Facilities Improvement (PFI) permit.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
Please obtain land use approval and a Public Facilities Improvement (PFI) permit for
sidewalk construction and connection to the public right-of-way from
Planning/Engineering at 503-718-2421 or email tigardplanneronduty@tigard-or.gov.
You can obtain a PFI permit application at
https://www.tigard-or.gov/your-government/departments/community-development/perm
it-center/forms/-folder-26#docan2924 3414 644
Please submit a completed PFI permit application to rowpermits@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.
18.20.010 Compliance
A. Compliance. Uses, developments, and construction, reconstruction,
alteration, occupation, and use of structures must conform to the provisions of
this title. Any officials, departments, or employees of the city vested with
authority to grant approvals must adhere to and require compliance with this
title and may not grant approval for any development or use that violates or fails
to comply with this title. Any approval issued or granted in conflict with the
provisions of this title is void.
B. Obligation by successor. The regulations of this title apply to the person
undertaking the development or the use of the development and to the person's
successor in interest.
C. Most restrictive regulations apply. Where this title imposes greater
restrictions than those imposed or required by other regulations, the most
restrictive or that imposing the higher standard governs. When regulations in
this title are in conflict, the most restrictive regulation governs unless stated
otherwise.
D. Required improvements. A lot area, setback, open space, or off-street
parking or loading area required by this title for a development may not be
used to meet the requirements for another development, except as specifically
provided otherwise. (Ord. 22-06 §2; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22
§2)
18.20.030 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
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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. 22-06
§2; Ord. 18-23 §2; Ord. 17-22 §2)
18.20.040 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
appropriate means necessary as allowed by the municipal code and available
to the city. (Ord. 22-06 §2; Ord. 18-23 §2; Ord. 17-22 §2)
15.04.010 Definitions. (Right-of-way, PFI, Sidewalk, Work)
D. "Right-of-way" includes City streets, roads, bridges, alleys, sidewalks,
trails, paths, and all other public ways and areas managed by the City.
"Right-of-way" also includes public utility easements (PUEs) to the extent that
the easement allows use by the permittee planning to use or using the public
utility easement. "Right-of-way" includes the subsurface under and airspace
over these areas. "Right-of-way" does not include the airwaves for purposes of
Commercial Mobile Radio Services, broadcast television, Direct Broadcast
Satellite, and other wireless providers, or easements or other property interests
owned by a single utility or entity.
E. "Right-of-way permit" means a permit issued by the City authorizing work
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
in the right-of-way. A right-of-way permit may also be referred to as a public
facility improvement (PFI) permit.
F. "Sidewalk" means an area specifically delineated and constructed for
pedestrian use located behind a curb but within the rights-of-way or within an
easement specifically established for that purpose.
H. "Work" means any activity that alters or disturbs the right-of-way and
includes, but is not limited to, construction and trenching. (Ord. 18-26 §1; Ord.
06-11; Ord. 74-14 §1)
15.04.030 Permit Required.
A. It is unlawful for any person to perform any work in the right-of-way
without first obtaining a right-of-way permit from the City. The City may also
require a right-of-way permit for certain stormwater quality and detention
facilities located on private property. Notwithstanding, for routine maintenance
or repair that does not alter or disturb the right-of-way, such as replacement of
a light fixture or trimming of trees, the city may elect to not require a
right-of-way permit provided the city receives notice of the planned
maintenance repair, along with emergency contact information, as soon as
reasonably practical.
B. The City will not issue a right-of-way permit to place or maintain a utility
system in any portion of the right-of-way unless the applicant has first complied
with the provisions of Chapter 15.06 of the Code.
C. The applicant must pay a fee in the amount established by resolution of
the City Council. (Ord. 18-26 §1; Ord. 06-11; Ord. 02-22; Ord. 99-31, Ord.
74-14 §2)
15.04.070 Compliance with Permit.
All construction must be in accordance with the permit and approved plans and
specifications. The permittee will provide the City Engineer access to the work
site to inspect any work in the right-of-way. The permittee will provide, upon
request, any information needed by the City Engineer to determine compliance
with applicable requirements. All work that does not comply with the permit
requirements must either be corrected or removed at the sole expense of the
permittee. The City is authorized to issue stop work orders to assure
compliance with this chapter. (Ord. 18-26 §1; Ord. 06-11)
15.04.090 Construction in Right-of-Way.
A. The permittee must complete all construction within the right-of-way so as
to minimize disruption of the right-of-way and utility service and without
interfering with other public and private property within the rights-of-way. All
construction work within rights-of-way, including restoration, must be
completed within the time specified by the City Engineer. Upon issuance of a
right-of-way permit, the permittee must commence work within 180 days,
unless otherwise specified by the City Engineer, at which time the right-of-way
permit expires and is voided.
B. Upon completion of daily work, all work zone areas must be left in a safe
condition with all trenches covered.
C. Access must be maintained at all times in compliance with the Americans
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
with Disabilities Act (ADA). (Ord. 18-26 §1; Ord. 06-11)
15.04.160 Inspection and Acceptance.
The permittee must notify the City Engineer or designee upon completion for
inspection of the work to determine compliance with the requirements of this
chapter, prior to final acceptance of the work. The permittee will not be relieved
of obligations under any guarantee given pursuant to Section 15.04.140 until
the work is in accordance with the terms of the permit and has been accepted
by the city. Acceptance by the city does not relieve the permittee of its
obligation to maintain, repair, or reconstruct the site of the excavation so as to
maintain a condition acceptable to the City Engineer until the right-of-way is
reconstructed, repaved, or resurfaced by the city. (Ord. 18-26 §1; Ord. 06-11;
Ord. 02-22; Ord. 74-14 §14)
15.12.010 Maintenance and Repair of Public Sidewalks.
It is the duty of all persons owning lots or land which have public sidewalks
abutting the same, to maintain and keep in repair the sidewalks and not permit
them to become or remain in a dangerous or unsafe condition. "Maintenance"
includes, but is not limited to, the removal of snow and ice. Any owner of a lot
or land who neglects to promptly comply with the provisions of this section is
fully liable to any person injured by such negligence. The City shall be exempt
from all liability, including but not limited to common-law liability, that it might
otherwise incur to an injured party as a result of the City's negligent failure to
maintain and repair public sidewalks. (Ord. 91-12 §1; Ord. 85-44 §3)
15.04.180 Violation—Penalties.
Failure to comply with a provision of this chapter is a Class 1 Civil Infraction.
(Ord. 18-26 §1; Ord. 06-11; Ord. 02-22; Ord. 74-14 §21)
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 DCC2023-00045. 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
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
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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