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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