Violator Letter 1 - 7-1-2019 1�
D
City of Tigard
July 01, 2019
High Hat Restaurants, Inc
11530 Sw Pacific Hwy
Tigard, Or 97223
RE: Code Compliance Record Number: DCC2019-00035
Dear High Hat Restaurants, Inc:
This requests your cooperation in resolving a complaint that we have received
regarding your property at 11540 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:
15.16.010 Encroachments Within Unimproved Public Rights-of-Way,
Easements and Public Property
10.32.200 Obstructing Streets
6.03.020 Abandoned Personal Property in the Right-of-Way
6.02.340 Encroachments into Public Rights-of-Way, Easements, and Public
Property
6.02.330 Sidewalks, Curbs and Planter Strips (Broken, Debris on, Obstructed)
Specifically, it has been reported that vehicles and food carts associated with your
property are encroaching into the adjacent right-of-way.
Please remove vehicles and food carts associated with your property from the
adjacent right-of-way.
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
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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.
15.16.010 Encroachments Within Unimproved Public Rights-of-Way,
Easements and Public Property
A. Permits Required for Encroachment in Unimproved Public Rights-of-Way,
Easements and Public Property; Exceptions.
1. Except as provided in subsection A.2 of this section, it shall be unlawful for
any person to erect or cause to be erected any structure or to place or
maintain any vegetation and/or landscaping materials in, over or upon any
dedicated unimproved public right-of-way, easement or public property without
having first obtained a revocable permit from the city manager or designee
authorizing such action. Encroachment into improved public right-of-way is
only allowed if specifically authorized by the city pursuant to Chapter 15.04.
6.02.330 Sidewalks, Curbs and Planter Strips (Broken, Debris on, Obstructed)
Maintenance of sidewalks, curbs, and planter strips is the continuing obligation
of the adjacent property owner.
6.03.020 Abandoned Personal Property in the Right-of-Way
A. Abandoned personal property in the right-of-way is declared to be a public
nuisance in violation of this title.
B. The responsible party for the abandoned personal property shall be
responsible for any and all costs associated with disposition of the abandoned
personal property.
6.02.340 Encroachments into Public Rights-of-Way, Easements, and Public
Property.
Except as provided in Section 15.16.010.A.2, it shall be unlawful for any
person to erect or cause to be erected any structure or to place or maintain
any vegetation and/or landscaping materials in, over, or upon any dedicated
public right-of-way, easement, or public property without having first obtained a
revocable permit from the city manager or designee authorizing such action.
Encroachment into improved public right-of-way is only allowed if specifically
authorized by the city pursuant to Chapter 15.04.
10.32.200 Obstructing Streets
Except as provided by Chapters 10.16 through 10.32, or any other city
ordinance, no person shall place, park, deposit or leave upon any street or
other public way, sidewalk or curb, any article or thing or material which in any
way prevents, interrupts, or obstructs the free passage of pedestrian or
vehicular traffic, or obstructs a driver's view of traffic-control signs and signals.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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 DCC2019-00035. 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