Violator Letter 1 - 4-12-2023 1I
111111i
TIGARD
City of Tigard
April 12, 2023
Bkm Park Bc 252 LIc
By Slk Global Solutions America
2727 Lbj Freeway Ste 806
Dallas, TX 75234
RE: Code Compliance Record Number: DCC2023-00029
Dear Bkm Park Bc 252 LIc:
This requests your cooperation in resolving a complaint that we have received
regarding your property at 12000 SW GARDEN PL, 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:
14.16.040 Application of Titles 14 and 18.
18.20.030 Land Use Applications and Development Permits
18.20.040 Violations
14.04.030 State Codes Adopted
14.04.090 Violation—Penalty—Remedies.
105.1 Required Permits
Specifically, the following has been reported regarding change of use, removal of
ADA ramp and structural changes to the building and space, involving the "Jacuzzi"
tenant on your commercial property, without land use approval or building permits:
On the front side of the building, they cut a new garage door into the building, and in
the process removed lawn, and cut the sidewalk in such a way that it ended with a
sharp drop on both sides. One of the customers already fell and hurt themselves there
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
and is threatening legal action. BKM also removed the wheelchair ramp when they
redid part of the sidewalk.
Please obtain land use approval and building permits for the house remodel on your
property by contacting the City of Tigard Planning Department by phone
(503-718-2421) or by email at tigardplanneronduty@tigard-or.gov and the City of
Tigard Building Division by phone (503-718-2439), by email at
tigardbuildingpermits@tigard-or.gov or at 13125 SW Hall Blvd in Tigard, Oregon.
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.
14.16.040 Application of Titles 14 and 18.
Any alterations to buildings, or changes of their use, which may be a result of
the enforcement of this chapter shall be done in accordance with applicable
Sections of Title 14 (Buildings and Construction) and Title 18 (Zoning) of the
Code of the City of Tigard. (Ord. 99-02)
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
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
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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)
14.04.030 State Codes Adopted
A. Except as otherwise provided in this chapter, the following codes, standards
and rules are adopted and shall be in force and effect as part of this municipal
code. The provisions of these codes, in addition to their individual scoping
provisions found therein, shall also apply to demolition of structures, equipment
and systems regulated by such codes:
1. Under the authority of ORS 455.150 (effective 9/5/95), the City of Tigard
administers those specialty codes and building requirements adopted by the
state which the City of Tigard is granted authority to administer, including: the
Structural, Mechanical, Plumbing, Electrical and Residential Specialty Codes;
mobile or manufactured dwelling parks requirements; temporary parks
requirements; manufactured dwelling installation, support and tiedown
requirements and park or camp requirements (as listed in ORS 455.153);
14.04.090 Violation—Penalty—Remedies.
A. No person shall erect, construct, enlarge, alter, repair, move, improve,
remove, convert, demolish, equip, occupy or maintain a building or structure in
the city, or cause the same to be done contrary to or in violation of this
chapter.
B. No person shall install, alter, replace, improve, convert, equip or maintain
any mechanical equipment or system in the city, or cause the same to be done
contrary to or in violation to this chapter.
C. No person shall install, alter, replace, improve, convert, equip or maintain
any plumbing or drainage piping work or any fixture or water heating or treating
equipment in the city, or cause the same to be done contrary to or in violation
of this chapter.
D. No person shall install, alter, replace, improve, convert, equip or maintain
any electrical equipment or system in the city, or cause the same to be done
contrary to or in violation of this chapter.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
E. Violation of a provision of this chapter shall be subject to an administrative
civil penalty of not more than $5,000 for each offense or, in the case of a
continuing offense, not more than $1,000.00 for each day of the offense and
shall be processed in accordance with the procedures set forth in Section
14.04.095.
F. Each day that a violation of a provision of this chapter exists constitutes a
separate violation.
G. Notwithstanding the other remedies in this chapter, if the building official
determines that any building under construction, mechanical work, electrical
work, or plumbing work on any building or any structure poses an immediate
threat to the public health, safety or welfare, he or she may order the work
halted and the building or structure vacated pending further action by the city
and its legal counsel.
H. The penalties and remedies provided in this section are not exclusive and
are in addition to other penalties and remedies available under city ordinance
or state statute, except that violations of this chapter shall not be charged as
civil infractions and prosecuted in Tigard Municipal Court. (Ord. 09-16 §1; Ord.
95-16; Ord. 90-08 §4)
105.1 Required Permits
Any owner or owner's authorized agent who intends to construct, enlarge, alter,
repair, move, change the character or use of the occupancy, or change the
occupancy of a building or structure, which is regulated by this code, or to
cause any such work to be performed, shall first make application to the
building official and obtain the required permit. Any owner or owner's
authorized agent who intends to repair and existing fire protection system or
life safety system shall first notify the local building official and obtain any
necessary building permit, where required by the municipality. See ORS
455.020(2).
Exceptions:
1. Construction subject to minor labels and master permits when authorized by
the inspection authority under OAR Chapter 918, Division 100.
2. Temporary (180 days) structural supports, structural replacement or repairs
performed in an emergency on an existing structure. The municipality shall be
notified of this work within 72 hours and permit application for the temporary
work shall be submitted within the next five business days.
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 DCC2023-00029. You can
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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
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