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Violator Letter 1 - 7-8-2021 1 . 1 TIGARD City of Tigard July 08, 2021 Faulkner-Wilson, Sheri 10445 Sw 67th Ave Tigard, OR 97223 RE: Code Compliance Record Number: HCC2021-00041 Dear Faulkner-Wilson, Sheri: This requests your cooperation in resolving a complaint that we have received regarding your property at 10445 SW 67TH 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: 14.04.030 State Codes Adopted 14.16.080 Housing Maintenance Requirements, Generally. 14.16.250 Plumbing Facilities. 6.02.010 Nuisances Affecting The Public Health 6.02.260 Unauthorized Deposits Prohibited 12.02.040 Clean Water Services Rules Adopted. 12.02.090 Immediate Remedial Action Required. CWS DISCHARGE INTO STORMWATER SYSTEM 6.02.220 Open Storage Of Junk (Inoperable Vehicles, Parts) 6.02.430 Noise Limits 6.02.440 Prohibited Noises (Other) R105.1 Permits Required. Specifically, it has been reported that there is broken sewer pipe on your property 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov that is generating illicit discharge into the right-of-way and stormwater system, and creating a breeding ground for insects and rodents. It has also been reported that there is disposal and run off of various chemicals, solvents, and fluids, excavation without a site work permit, installation of stove without mechanical permit and open storage of inoperable and malfunctioning vehicles on your property which is creating excessive noise and air pollution. Please conduct appropriate maintenance to your property, repair or replace the broken sewer pipe, remove illicit discharge from the stormwater system, obtain appropriate building permits from the City of Tigard Building Division at 503-718-2439 or by email at tigardbuildingpermits©tigard-or.gov, and remove or repair inoperable, malfunctioning vehicles on 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. 14.04.030 State Codes Adopted A. Except as otherwise provided in this chapter, the following codes, standards and rules are adopted and shall be in force and effect as part of this municipal code. The provisions of these codes, in addition to their individual scoping provisions found therein, shall also apply to demolition of structures, equipment and systems regulated by such codes: 1. Under the authority of ORS 455.150 (effective 9/5/95), the City of Tigard administers those specialty codes and building requirements adopted by the state which the City of Tigard is granted authority to administer, including: the Structural, Mechanical, Plumbing, Electrical and Residential Specialty Codes; mobile or manufactured dwelling parks requirements; temporary parks requirements; manufactured dwelling installation, support and tiedown requirements and park or camp requirements (as listed in ORS 455.153); 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) 14.16.250 Plumbing Facilities. A. Every plumbing fixture or device shall be properly connected to a public or an approved private water system and to a public or an approved private sewer 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov system. D. All plumbing repairs and installations shall be made in accordance with the provisions of the Plumbing Code adopted by the City. (Ord. 99-02) 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. 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 12.02.040 Clean Water Services Rules Adopted. Clean Water Services Resolution and Orders No. 91-47 (excluding Chapter 2) as amended, construction standards and regulations pertaining to the sanitary sewerage and storm and surface water management systems are adopted and shall be in full force and effect as part of this code. (Ord. 02-28; Ord. 94-19) 12.02.090 Immediate Remedial Action Required. If the code enforcement officer determines that there has been a violation of this chapter, or that conditions exist that are likely to result in a violation, the officer may require immediate remedial action by the responsible party. If the code enforcement officer is unable to serve a notice of infraction on the responsible party or, if after such service, the responsible party refuses or is unable to remedy the infraction, the city may proceed to remedy the infraction as provided in Section 1.16.150 of this code. (Ord. 12-01 §2; Ord. 94-19) 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 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov 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. 6.02.220 Open Storage Of Junk (Inoperable Vehicles, Parts) 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: B. Inoperable or partially dismantled automobiles, trucks, buses, trailers or other vehicle equipment or parts thereof in a state of disrepair; 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 the sound E. If within a park, street, or other public place, is unnecessarily loud at a distance of 100 feet. 6.02.440 Prohibited Noises (Other) 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 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. 6.02.440 Prohibited Noises 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: 9. Any other action that creates or allows sound in excess of the level allowed 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov by Section 6.02.430. R105.1 Permits Required. Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. 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 HCC2021-00041. 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