HomeMy WebLinkAboutViolator Letter 1 - 5-7-2025 1I
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TIGARD
City of Tigard
May 07, 2025
Marrello, Karen
8915 Sw Gravenstein Ln
Tigard, OR 97224
RE: Code Compliance Record Number: NCC2025-00088
Dear Marrello, Karen:
This requests your cooperation in resolving a complaint that we have received
regarding your property at 8915 SW GRAVENSTEIN LN, TIGARD, OR 97224 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:
10.32.200 Obstructing Streets.
6.03.020 Abandoned Personal Property in the Right-of-Way.
6.02.310 Streets, Sidewalks, and Public Pedestrian Easements.
6.02.320 Maintenance and Repair of Public Sidewalks and Public Pedestrian
Easements.
6.02.330 Sidewalks, Public Pedestrian Easements, Curbs and Planter Strips.
6.02.340 Encroachments Within Rights-of-Way and Public Property.
6.02.410 Prohibition on Excessive Noise.
6.02.430 Noise Limits.
6.02.440 Prohibited Noises.
6.02.010 Nuisances Affecting the Public Health
6.02.250 Offensive Wastes Prohibited.
6.02.220 Open Storage of Junk.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
6.02.230 Scattering Rubbish.
Specifically, the following has been reported regarding your property:
Basketball hoop obscuring sidewalk
Animal alarms installed which trigger when using personal property and also trigger
randomly, without stimuli, throughout the day
Unnecessary horn honking at all hours of day/night, unwarranted
Vehicles overhang sidewalk making ADA access unavailable.
Curb strip has been broken for several years and the curbing has been used by
children for throwing
Storage of multiple items in and around property including rubbish, unused items
Underage smoking of marijuana in the backyard which impacts my use of personal
property
Storage of miscellaneous items strewn throughout the property
Please address the reported concerns associated with your property.
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.
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.
(Ord. 70-41 Ch. 8 §20; Ord. 78-3 §7(b))
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.
(Ord. 12-02 §1)
6.02.310 Streets, Sidewalks, and Public Pedestrian Easements.
A responsible party shall keep a public street or sidewalk abutting their
property, or a public pedestrian easement over their property, free from earth,
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
rock and other debris and other objects that may obstruct or render the street,
sidewalk, or pathway unsafe for its intended use.
(Ord. 12-02 §1; Ord. 21-03 §2)
6.02.320 Maintenance and Repair of Public Sidewalks and Public Pedestrian
Easements.
It is the duty of all persons owning property which has public sidewalks abutting
the property, or public pedestrian easements over the property, to maintain and
keep in repair the sidewalks or pathways and not permit them to become or
remain in a dangerous or unsafe condition. "Maintenance" includes, but is not
limited to, the removal of snow and ice. Any owner of property who neglects to
promptly comply with the provisions of this section is fully liable to any person
injured by such negligence. The city is exempt from all liability, including, but
not limited to, common-law liability, that it might otherwise incur to an injured
party as a result of the city's negligent failure to maintain and repair public
sidewalks or pedestrian easements.
(Ord. 12-02 §1; Ord. 21-03 §3)
6.02.330 Sidewalks, Public Pedestrian Easements, Curbs and Planter Strips.
Maintenance of sidewalks, curbs and planter strips is the continuing obligation
of the adjacent property owner. Maintenance of a public pedestrian easement
is the continuing responsibility of the underlying property owner.
(Ord. 12-02 §1; Ord. 21-03 §4)
6.02.340 Encroachments Within Rights-of-Way and Public Property.
Except as provided in Chapter 15.16, it is unlawful for any person to erect, or
cause to be erected, any encroachment in, over, or upon any right-of-way, or
public property without having first obtained a permit from the city engineer
authorizing such action.
(Ord. 12-02 §1; Ord. 18-20 §§1, 2)
6.02.410 Prohibition on Excessive Noise.
A. No person shall make, assist in making, permit, continue or permit the
continuance of any noise within the City of Tigard in violation of this article.
B. No person shall cause or permit any noise to emanate from property under
that person's control in violation of this article.
(Ord. 12-02 §1)
6.02.430 Noise Limits.
It is unlawful for any person to produce, or permit to be produced, sounds
which:
A. When measured at the boundary of or within a property on which a
noise-sensitive unit, not the source of the sound, is located, exceeds:
1. 40 dB at any time between 10 p.m. and 7 a.m. the following day, or
2. 50 dB at any time between 7 a.m. and 10 p.m. the same day; or
B. Is plainly audible at any time between 10 p.m. and 7 a.m. the following day
within a noise-sensitive unit which is not the source of sound; or
C. Is unnecessarily loud within a noise-sensitive unit which is not the source of
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
the sound;
D. When measured at or within the boundary of or within a property on which
no noise-sensitive unit is located, and the noise originates from outside the
property, the noise level exceeds:
1. 60 dB at any time between 10 p.m. and 7 a.m. of the following day, or
2. 75 dB at any other time;
E. If within a park, street or other public place, is unnecessarily loud at a
distance of 100 feet.
(Ord. 12-02 §1)
6.02.440 Prohibited Noises.
A. Use of exhaust brakes (jake brakes), except in an emergency or except
when used by a person operating an emergency services vehicle equipped
with a muffled compression braking system, is prohibited at all times within the
city, regardless of noise level.
B. Except as provided in Section 6.02.450, the following acts are violations of
this article if they exceed the noise limits specified in Section 6.02.430:
1. Sounding of any horn or signal device or any other device on any
automobile, motorcycle, truck, bus or other vehicle while in motion, except as a
danger signal;
2. Operation of sound-producing devices such as, but not limited to, musical
instruments, loudspeakers, amplifying devices, public address systems, radios,
tape recorders and/or tape players, compact disc players, phonographs,
television sets and stereo systems, including those installed in or on vehicles;
3. Operation of any gong or siren upon any vehicle, other than police, fire or
other emergency vehicle, except during sanctioned parades;
4. Use of any automobile, motorcycle or other vehicle so out of repair or in
such a manner as to create loud or unnecessary sounds, grating, grinding,
rattling or other noise;
5. Keeping of any animal or bird that creates noise in excess of the levels
specified in Section 6.02.430;
6. Operation of air conditioning or heating units, heat pumps, refrigeration units
(including those mounted on vehicles) and swimming pool or hot tub pumps;
7. Erection (including excavation), demolition, alteration or repair of any
building, except as allowed under Sections 6.02.450.E and 6.02.450.F;
8. Use or creation of amplified sound in any outdoor facility;
9. Any other action that creates or allows sound in excess of the level allowed
by Section 6.02.430.
(Ord. 12-02 §1)
6.02.010 Nuisances Affecting the Public Health
6.02.010 Common Nuisances.
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.
E. Any animal, substance or condition on the premises that is in such a state
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
or condition as to cause an offensive odor detectable at a property line, or that
is in an insanitary condition.
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
health or safety of others or which creates offensive odors or a condition of
unsightliness.
(Ord. 12-02 §1)
6.02.220 Open Storage of Junk.
No person or responsible party shall deposit, store, maintain or keep on any
real property, except in a fully enclosed storage facility, building or garbage
receptacle, any of the following:
A. An icebox or refrigerator, or similar container, which seals essentially
airtight;
B. Inoperable or partially dismantled automobiles, trucks, buses, trailers or
other vehicle equipment or parts thereof in a state of disrepair;
C. Used or dismantled household appliances, furniture, other discards or junk,
for more than five days.
(Ord. 12-02 §1; Ord. 18-12 §1)
6.01.020 Definitions.
As used in this title:
"Junk" means items that have no apparent utility or are in an unsanitary
condition.
6.02.230 Scattering Rubbish.
No person shall deposit upon public or private property any kind of rubbish,
trash, debris, refuse, or any substance that would mar the appearance, create
a stench or fire hazard, detract from the cleanliness or safety of the property
or would be likely to injure a person or animal or damage a vehicle traveling
upon a right-of-way.
(Ord. 12-02 §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.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
Please respond in writing and reference record number NCC2025-00088. 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