Violator Letter 1 - 10-23-2019 1�
D
City of Tigard
October 23, 2019
High Hat Restaurants, Inc
11530 Sw Pacific Hwy
Tigard, Or 97223
RE: Code Compliance Record Number: DCC2019-00064
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:
18.20.030 Violations
18.710.040 Types of Reviews
18.710.050 Type I Procedure
18.765.060 Minor Modifications
18.765.030 Review Type Determination
6.02.100 Violation of Title Prohibited
18.765.020 Applicability (Modifications)
Specifically, it has been reported that the minimum number of required parking stalls,
per existing land use agreement, has been removed from your property without land
use approval.
Please complete the appropriate Minor Modification, Type I Procedure for the
reconfiguration of parking or restore the removed parking spaces 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.
18.710.040 Types of Reviews
A. General. This section defines the review types and establishes the approval
and appeal authority for each.
B. Review types defined. There are four review procedure types: Type I, Type
II, Type III, and Legislative. Table 18.710.1 contains the city's land use
application types and associated review types. The review types are defined as
follows:
1. Type I procedures apply to land use applications that are governed by clear
and objective approval criteria or development standards that may require the
exercise of professional judgment about technical issues only. Type I actions
are decided by the Director without public notice and without a public hearing.
18.710.050 Type I Procedure
A. Decision requirements. The Director will approve, approve with conditions,
or deny the requested application or action based on the applicable approval
criteria and development standards.
B. Final decision. The Director's decision is final for purposes of appeal on the
date it is mailed or otherwise provided to the applicant, whichever occurs first.
The Director's decision is not appealable locally and is the final decision of the
city.
C. Effective date. The Director's decision is effective on the day after it is final.
(Ord. 18-23 §2; Ord. 17-22 §2)
18.765.020 Applicability (Modifications)
A. This chapter applies to all proposals to modify an existing or proposed use,
structure, site improvement, or condition of approval—for existing developments
or land use approvals—when initially approved through one of the land use
applications listed below:
1. Conditional uses,
2. Planned developments,
3. Site development reviews, or
4. Subdivisions and land partitions.
B. This chapter also applies to all proposals to modify an existing development
that was not subject to city approval when developed but would be subject to
city approval, through one of the land use applications listed in Paragraph
18.765.020.A.1 through 4, if proposed for development under current city
regulations.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
6.02.100 Violation of Title Prohibited
Erecting, constructing, altering, maintaining or using any building or structure
or using, dividing or transferring land in violation of the Community
Development Code (Title 18) are declared to be a public nuisance in violation
of this title.
18.765.060 Minor Modifications
A. Definition. A minor modification has the following characteristics:
1. It has minimal impacts on surrounding properties, sensitive lands, or public
facilities; and
2. It does not cause the development to go out of conformance with any
applicable standard or further out of conformance if already nonconforming,
except where an adjustment has been approved.
B. Examples. Examples of minor modifications include, but are not limited to,
the following:
1. Interior building modification or change of use that requires the application
of a higher parking quantity requirement.
2. Exterior building facade modification that requires the application of a
design standard.
3. Change of use to a restricted use.
4. Change to the site that results in a change in the number or configuration of
parking spaces.
5. Minor decrease in open space or landscaping.
C. Approval process. A minor modification application is processed through a
Type I procedure as provided in Section 18.710.050, using approval criteria in
Subsection 18.765.060.D.
D. Approval criteria. The approval authority will approve or approve with
conditions a minor modification application when all of the following criteria are
met:
1. The proposed modification qualifies as a minor modification as defined in
Subsection 18.765.060.A;
2. If the proposal involves the modification of a condition of approval, at least
one of the following criteria is met:
a. The condition cannot be implemented for reasons outside the control of the
applicant or property owner;
b. The condition is no longer needed or warranted because circumstances
have changed; or
c. A new or modified condition better accomplishes the purpose of the original
condition. (Ord. 18-28 §1)
18.20.030 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
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
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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. 18-23 §2; Ord. 17-22 §2)
18.765.030 Review Type Determination
C. Minor modifications involve the exercise of professional judgment about
technical issues as they relate to the application of clear and objective or
discretionary standards or approval criteria. These modifications require Type I
land use review.
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 DCC2019-00064. 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."
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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