Violator Letter 1 - 10-27-2021 1�
D
City of Tigard
October 27, 2021
Allmon, Thomas C
Burke, Beverly J
12765 Sw Blue Heron PI
Tigard, OR 97223
RE: Code Compliance Record Number: DCC2021-00116
Dear Allmon, Thomas C:
This requests your cooperation in resolving a complaint that we have received
regarding your property at 12765 SW BLUE HERON 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:
18.20.020 Land Use Applications and Development Permits
18.20.030 Violations (Land Use)
18.510.010 Purpose (Sensitive Lands)
18.510.020 Applicability (Sensitive Lands)
8.04.040 Emergency Tree Permit Procedures.
8.10.030 Sensitive Lands Tree Maintenance.
8.10.040 Sensitive Lands Tree Removal.
8.12.040 Removal of Trees that Were Required With Development.
Specifically, it has been reported that there is ongoing development on your property
involving tree removal without land use approval or permits.
Please immediately cease and desist development on your property involving the
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
removal of trees and obtain land use approval by contacting the City of Tigard
Planning Department (503-718-2421) by email at tigardplanneronduty@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.
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 (Land Use)
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
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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. 18-23 §2; Ord. 17-22 §2)
18.510.010 Purpose (Sensitive Lands)
A. Maintain integrity of rivers, streams, and creeks. Sensitive land regulations
in this chapter are intended to maintain the integrity of the rivers, streams, and
creeks in Tigard by minimizing erosion, promoting bank stability, maintaining
and enhancing water quality and fish and wildlife habitats, and preserving
scenic quality and recreation potential.
B. Implement comprehensive plan and floodplain management program. The
regulations of this chapter are intended to implement the comprehensive plan
and the city's floodplain management program as required by the Federal
Emergency Management Agency (FEMA) through the National Flood
Insurance Program, to help to preserve sensitive land areas from encroaching
use, and to maintain the October 19, 2018, zero-foot rise floodway elevation.
C. Implement Clean Water Service (CWS) design and construction
standards. The regulations of this chapter are intended to protect the beneficial
uses of water within the Tualatin River Basin in compliance with the CWS
"Design and Construction Standards."
D. Implement the Metro Urban Growth Management Functional Plan. The
regulations of this chapter are intended to protect the beneficial water uses and
functions and values of resources within water quality and flood management
areas and to implement the performance standards of the Metro Urban Growth
Management Functional Plan.
E. Implement Statewide Planning Goal 5 (Natural Resources). The
regulations in this chapter are intended to address the requirements of
Statewide Planning Goal 5 (Natural Resources) and the safe harbor provisions
of the Goal 5 administrative rule pertaining to wetland and riparian corridors.
F. Protect public health, safety, and welfare. Sensitive land areas are
designated as such to protect the public health, safety, and welfare of the
community through the regulation of these sensitive land areas.
G. Location. Sensitive lands are lands potentially unsuitable for development
because of their location within:
1. The special flood hazard area or 1996 flood inundation line, whichever is
greater;
2. Natural drainageways;
3. Wetland areas that are regulated by the other agencies including the U.S.
Army Corps of Engineers and the Division of State Lands, or are designated
as significant wetland on the City of Tigard "Wetland and Stream Corridors
Map
4. Steep slopes of 25 percent or greater and unstable ground;
5. Significant fish and wildlife habitat areas designated on the City of Tigard
"Significant Habitat Areas Map"; and
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
6. Significant tree groves as shown on the "City of Tigard Significant Tree
Grove Map." (Ord. 20-01 §1; Ord. 18-21 §2; Ord. 17-22 §2)
18.510.020 Applicability (Sensitive Lands)
H. Other uses. Except as explicitly authorized by other provisions of this
chapter, all other uses are prohibited on sensitive land areas.
8.04.040 Emergency Tree Permit Procedures.
If an emergency exists because a tree presents such a clear and present
danger to people, structures, infrastructure or utilities that there is insufficient
time to obtain a permit, any person may remove the subject tree without first
having obtained a permit. The person shall, within 14 calendar days after
having removed such tree, submit a retroactive application for a city manager
tree permit through the City Manager Decision Making Procedures detailed in
Section 8.04.020. Applicants are encouraged to take photographs of the
subject tree and obtain written documentation from a certified arborist prior to
the removal. If the city manager or designee determines that there was no
emergency, he/she shall pursue enforcement action through Chapter 1.16.
(Ord. 12-11 §1)
8.10.030 Sensitive Lands Tree Maintenance.
A. Native trees greater than or equal to six-inch DBH and native trees that
were required to be planted as replacement trees by the provisions of this
chapter shall be maintained in a manner consistent with tree care industry
standards and shall be maintained so as not to become hazard trees as defined
in Chapter 8.02 of the Tigard Municipal Code.
B. If any native tree subject to the provisions of this chapter dies within three
years after planting, it shall be removed and replaced in accordance with the
previous permit approval. The sensitive lands tree removal provisions (Section
8.10.040 below) shall not apply to tree removal and replacement in accordance
with this subsection. (Ord. 12-11 §1)
8.10.040 Sensitive Lands Tree Removal.
Except as exempted by Section 8.10.030.13, no person shall remove any native
tree greater than or equal to six-inch DBH, or any native tree less than six-inch
DBH that was required to be planted as a replacement tree by the provisions of
this chapter, without prior written approval obtained either through:
A. The City Manager Decision Making Procedures detailed in Section
8.04.020 using the approval criteria in the Sensitive Lands Tree Removal
Standards in the Urban Forestry Manual; or
B. The City Board or Committee Decision Making Procedures detailed in
Section 8.04.030. (Ord. 12-11 §1)
8.12.040 Removal of Trees that Were Required With Development.
Except as exempted by Section 8.12.030.13 of this chapter, no person shall
remove any tree subject to the provisions of this chapter without prior written
approval obtained either through:
A. The City Manager Decision Making Procedures detailed in Section
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
8.04.020 using the approval criteria in the Development Tree Removal
Standards in the Urban Forestry Manual; or
B. The City Board or Committee Decision Making Procedures detailed in
Section 8.04.030. (Ord. 12-11 §1)
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 DCC2021-00116. 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
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