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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