HomeMy WebLinkAboutViolator Letter 1 - 11-29-2022 1I
111111
TIGARD
City of Tigard
November 29, 2022
M R Winston LIc
17576 Lake Haven Dr
Lake Oswego, OR 97035
RE: Code Compliance Record Number: HCC2022-00038
Dear M R Winston LIc:
This requests your cooperation in resolving a complaint that we have received
regarding your property at 12582 SW 128TH AVE, 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:
14.16.080 Housing Maintenance Requirements, Generally.
14.16.120 Chimneys.
14.16.220 Cleanliness and Sanitation
14.16.260 Heating Equipment and Facilities.
14.16.330 Maintenance of Facilities and Equipment.
6.02.250 Offensive Wastes Prohibited.
6.02.010 Nuisances Affecting the Public Health
Specifically, it has been reported that a lack of maintenance associated with a
malfunctioning wood stove and chimney, and improper ventilation, is creating
offensive odor and noxious gasses on your property.
Please conduct appropriate maintenance; service malfunctioning wood stove and
chimney, ensure adequate ventilation, and prevent offensive odor and noxious gasses
from being generated on your property.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.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.
14.16.080 Housing Maintenance Requirements, Generally.
No owner shall maintain or permit to be maintained any residential property
which does not comply with the requirements of this chapter. All residential
property shall be maintained to the building code requirements in effect at the
time of construction, alteration, or repair and shall meet the minimum
requirements described in this chapter. (Ord. 99-02)
14.16.120 Chimneys.
Every masonry, metal, or other chimney shall remain adequately supported
and free from obstructions and shall be maintained in a condition which
ensures there will be no leakage or back-up of noxious gases. Every chimney
shall be reasonably plumb. Loose bricks or blocks shall be rebonded. Loose or
missing mortar shall be replaced. Unused openings into the interior of the
structure must be permanently sealed using approved materials. (Ord. 99-02)
14.16.220 Cleanliness and Sanitation
The interior of every dwelling shall be constructed in a safe and structurally
sound condition to permit the interior to be maintained in a clean and sanitary
condition. The interior of every dwelling shall be free from accumulation of
rubbish or garbage which is affording a breeding ground for insects and
rodents, producing dangerous or offensive gases, odors and bacteria, or other
unsanitary conditions, or a fire hazard. (Ord. 99-02)
14.16.260 Heating Equipment and Facilities.
A. All heating equipment, including that used for cooking, water heating,
dwelling heat, and clothes drying shall be:
1. Properly installed, connected, and maintained in safe condition and good
working order,
2. Free from leaks and obstructions and kept functioning properly so as to
be free from fire, health, and accident hazards; and
3. Capable of performing the function for which they are designed.
B. Every dwelling shall have a heating facility capable of maintaining a room
temperature of 68 degrees Fahrenheit at a point 3 feet from the floor in all
habitable rooms.
1. Portable heating devices may not be used to meet the dwelling heat
requirements of this chapter.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
2. No inverted or open flame fuel burning heater shall be permitted. All
heating devices or appliances shall be of an approved type. (Ord. 99-02)
14.16.330 Maintenance of Facilities and Equipment.
A. In addition to other requirements for the maintenance of facilities and
equipment described in this chapter:
1. All required facilities in every dwelling shall be constructed and
maintained to properly and safely perform their intended function.
2. All non-required facilities or equipment present in a dwelling shall be
maintained to prevent structural damage to the building or hazards of health,
sanitation, or fire. (Ord. 99-02)
6.02.250 Offensive Wastes Prohibited.
No person shall have waste on property that is offensive or hazardous to the
health or safety of others or which creates offensive odors or a condition of
unsightliness. (Ord. 12-02 §1)
6.02.010 Nuisances Affecting the Public Health
No person shall cause or permit a nuisance affecting the public health. The
following are nuisances affecting the public health: E. Any animal,
substance or condition on the premises that is in such a state or condition as to
cause an offensive odor detectable at a property line, or that is in an insanitary
condition.
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 HCC2022-00038. 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
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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