Code Compliance Records NCC2023-00123 & HCC2023-00029 to respondent 8-8-2023 From: Ken Ross
Sent: Tuesday,August 8, 2023 12:18 PM
To: Shelby Christiansen
Subject: Code Compliance Records NCC2023-00123 & HCC2023-00029
Hi Shelby,
Thank you for responding to our code compliance notice. I responded to your questions in the email included below. My
responses are highlighted in red.
If you have any questions, please call me at 503-718-2581.
Thank you for your assistance and compliance,
Ken
From: Shelby Christiansen<shelbychristiansen1997@gmail.com>
Sent: Sunday,August 6, 2023 4:28 AM
To: Code Compliance<CodeCompliance@tigard-or.gov>
Subject: Code/Compliance Questions
You don't often get email from shelbychristiansen1997@gmail.com. Learn why this is important
Hi my name is Shelby Christiansen I'm emailing with questions in regards to code compliance record numbers: NCC2023-
00123 & HCC2023-00029
Address: 10445 SW 67th Ave Tigard OR 97223.
Again hi my name is Shelby I'm Sheri Faulkner-Wilson's (the property owner) daughter in-law. I had some questions
about the papers we received in the mail. We got two different pieces of mail that had the same dates on them with 2
different record numbers and 6 code violations on each piece of mail. 3 code violations on each piece of mail are the
same ( Codes: 6.02.010, 6.02.230, 6.02.010). First I will refer to the piece of mail with record number NCC2023-00123.
The first page says "Continuous dog barking is creating excessive noise". One of our dogs had a litter of puppies,
however they were kept quiet & inside at night and they have all been re-homed now. It also says "Offensive odor,
associated with animal and chemical waste, emanating from your property." Again we had a lot of dogs for a little bit of
time due to having to stay with their mother while being breast fed but they are all gone now. As far as chemicals go I
guess I'm just not even sure what that could possibly be. On the last page it says to email with pictures or other
documentation but half of the code violations on this piece of mail are noise related. Referring to the piece of mail with
record number HCC2023-00029 the first page says "there is an openly stored inoperable vehicle, garbage, waste, and
debris on your property".All the vehicles on our property are operable and there is only 1 that is considered "openly"
stored and it is not only operable but has good tags as well. I'm not sure what the "waste" is referring to but any and all
of the garbage and debris has been removed. One of the code violations on both pieces of mail is 6.02.010 Nuisances
affecting the public health, I'm not sure what in the world this could even possibly be.Another code violation on both
pieces of mail is 6.02.250 offensive wastes prohibited, again I'm not sure what this is referring to but there is no
"wastes" other than dog poop (only in the back yard) on our entire property. My questions are...
Questions: 1.) Why did we receive two pieces of mail instead of everything in one?
We received two separate code compliance requests regarding your property:
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NCC2023-00123 regarding Loud continuous dog barking creating excessive noise; offensive odor associated with animal
and chemical waste.
HCC2023-00029 regarding openly stored inoperable vehicle, garbage,waste, and debris,
2.) Why are there 2 different record numbers but for the same day and the same address?
These are two separate code compliance requests/cases associated with your property which have a different sets of
concerns.
3.) Why are 3 of the code violations the same on both pieces of mail?
Although there may be some overlapping code violations, each code compliance notice involves a different set of
concerns.
4.) Is there a noise limit for during the day (7am-9pm)?
There are noise limits 24 hours per day in the City of Tigard which are referenced in the code section included below.
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. (Ord. 12-02 §1)
5.) What should be done with the animal feces so I can make sure this is never an issue again?
Animal feces/waste should be properly disposed of, rather than openly stored, so as not to cause or create offensive
odor that is detectable from the property line.
6.) I'm not sure what the "chemical waste" is supposed to be referring to I can assure you the only"chemical" like smell
on our property ever is spray paint due to my other half&our oldest son thinking everything should be green haha that
being said could you possibly give me some examples of what the "chemical waste" odor might be?
The complainant indicated that there is a "foul chemical and animal feces smell in backyard."This could be an indication
that in attempt to mask the odor of animal waste, a chemical was used which is creating a mixture of offensive odor. Or,
there could be a chemical utilized in the backyard for some other purpose, which is exacerbating the offensive odor
produced by animal waste.
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7.) We have a completely cedar wood fenced back yard anything back there would NOT be considered in the "open"
correct?
A fenced backyard is considered an open area, not a fully enclosed storage facility.
8.) What exactly is considered to be the open on our property?
Any space on your property that is not inside the house or a fully enclosed storage facility, such as a closed garage, is
considered to be an open area.
9.) Could you give me some example of what "Nuisances affecting the public health" could possibly be?
Included below are examples of nuisances that affect 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:
A. An open vault or privy constructed and maintained within the city, except those constructed or maintained in
connection with construction projects in accordance with the State Health Division regulations.
B. Accumulations of debris, rubbish, manure or other refuse that affect the health of surrounding persons.
C. Stagnant water that affords a breeding place for mosquitoes and other insect pests.
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.
G. Cesspools or septic tanks that are in an unsanitary condition or which cause an offensive odor.
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.
I. An animal carcass permitted to remain on public property or to be exposed on public property for a period of time
longer than is necessary to remove or dispose of the carcass.
J. Maintenance on private property of a dangerous building. (Ord. 12-02 §1)
10.)What is "offensive wastes"?
The Tigard Municipal Code defines offensive waste in the section included below.
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)
Dog feces is an example of an offensive waste.
11.)What is the next step in this whole process?
The next step in the process is to correct any conditions on your property which indicate non-compliance with the Tigard
Municipal Code and provide evidence, such as photographs, which demonstrate that the reported concerns on your
property have been addressed.
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I'm not sure who made these reports but I would like to make you guys aware that 2 of our neighbors has been
determined to cause problems in any way possible 1 right next door since mid March 2023 (she seems to have moved)
and another 1 across the street for about 3 and a half years now.They have both gone as far as making false reports,
spying into our back yard, and even yelling at us or our animals. I have a feeling these are more false reports like the
other ones that have been made, unfortunately there's not much I can do to stop them from doing these things but I can
at least make you guys aware of it so hopefully if you get more reports your time is not wasted on people just making
things up.All of that being said I apologize for any inconveniences and I REALLY hope I'm not coming across as rude or
anything like that I'm just trying to get to the bottom of all of this so it a.) can be resolved and b.) not happen again.
However I am only 25yrs old and never owed a home so I am extremely new to all of this and very confused. I apologize
for the million questions I just genuinely want to learn/ know and understand. I appreciate your time and patience with
me immensely! My number is (971)-666-9539 and my email is shelbychristiansen1997@gmail.com please feel free to
call,text, or email me anytime.' look forward to hearing from you.
Thanks,
Shelby Christiansen
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