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Home My WebLink AboutViolator Letter 1 - 10-19-2023 1I i i • .- TIGARD City of Tigard October 19, 2023 High Hat Restaurants, Inc Po Box 80864 Portland, OR 97280 RE: Code Compliance Record Number: NCC2023-00287 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: 6.02.010 Nuisances Affecting the Public Health 6.02.250 Offensive Wastes Prohibited 6.02.260 Unauthorized Deposits Prohibited CWS ORDINANCE NO. 27 SECTION 3 . RULES AND REGULATIONS GOVERNING THE SEWERAGE SYSTEM AND STORMWATER SYSTEM Specifically, it has been reported there has been illicit discharge of liquid waste from on your property into the stormwater system for the following reasons: No roofed Trash Enclosure (TE) area. • Oil waste bin and barrel are being left open • Bin and Barrel are heavily contaminated with oil spills. • Discarded food grade lard/oil buckets are open and left upright collecting rain water. • The ground (approximately 85'sq) is saturated with oil spills and a couple of area with standing oil. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov • A smoker was being operated under a roof added to the rear of the building, and the oil drippings were starting to seep under the wall structure. • A phone message was left with Boaz Kwon (Property Owner 503 997-6694) as well as being cc with this email. • District is still waiting on a return call from Property owner. Please conduct appropriate remediation and prevent illicit discharge of liquid waste from the compactor area on your property by implementing the following measures: District Clean-up Requirements: • Roofed Trash Enclosure (TE) for Oil waste storage and garbage. • Oil waste Bin & Barrel to be replaced. • Discarded buckets disposed of legally. • Any ground/dirt area saturated with oil waste is to be collected and discarded legally. • Property owner is to submit all invoices/receipts for work and disposal site. 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. 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: B. Accumulations of debris, rubbish, manure or other refuse that affect the health of surrounding persons. D. Pollution of a body of water, well, spring, stream or drainage ditch by sewage, industrial wastes or other substances placed in or near the water in a manner that will cause harmful material to pollute the water. 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. F. Drainage of liquid wastes from private premises. H. Animals, including livestock, or buildings for the purpose of maintaining livestock or animals, maintained in such places or in such a manner that they are offensive or annoying to the residents within the immediate vicinity, or maintaining the premises in such a manner as to be a breeding place or likely breeding place for rodents, flies and other pests. 6.02.250 Offensive Wastes Prohibited No person shall have waste on property that is offensive or hazardous to the 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov health or safety of others or which creates offensive odors or a condition of unsightliness. (Ord. 12-02 §1) 6.02.260 Unauthorized Deposits Prohibited No person shall, without authorization and compliance with the disposal site requirements of Chapter 11.04, deposit waste on public property or the private property of another. Streets and other public places are not authorized as places to deposit waste except as specific provisions for containers have been made. CWS ORDINANCE NO. 27 SECTION 3 . RULES AND REGULATIONS GOVERNING THE SEWERAGE SYSTEM AND STORMWATER SYSTEM A. Sewerage System B. Stormwater System No user shall contribute or discharge or cause to be contributed or discharged, directly or indirectly, into the storm and surface water system of the Agency, sanitary sewage, septic tank leakage or overflow, animal waste, or any other substance, the discharge of which is prohibited or limited under Section 3A above, except: noncontact cooling water, rainwater, groundwater, surface drainage, roof drainage, water from yard fountains, ponds or pools, except filter backwash from swimming pools, subject to regulation of the quantity, quality, and timing as further provided in this Ordinance. 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 NCC2023-00287. 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