Violator Letter 2 - 7-10-2023 1 . 1
• .
TIGARD
City of Tigard
7/10/2023
Faulkner-Wilson, Sheri
10445 Sw 67th Ave
Tigard, OR 97223
RE: Code Compliance Record Number: NCC2023-00074
Dear Faulkner-Wilson, Sheri:
On 4/11/2023, we sent you a letter regarding a code infraction at your property at
10445 SW 67TH AVE, TIGARD, OR 97223. In that letter we requested the property
be brought into compliance within 20 calendar days.
It has come to our attention that this alleged infraction persists. This is your second
notice that this property has been reported to be in violation of provisions of the
Tigard Municipal Code (TMC) regarding:
6.02.410 Prohibition on Excessive Noise.
6.02.430 Noise Limits.
6.02.440 Prohibited Noises.
6.02.220 Open Storage of Junk. (Inoperable Vehicles, Parts)
6.01.020 Definitions. (Inoperable Vehicles, Junk, Parts)
Specifically, it has been reported that there are multiple loud barking dogs creating
excessive noise on your property throughout all hours of the day.
It has also been reported that there are openly stored inoperable vehicles on your
property.
Please prevent the creation of excessive noise and remove or repair inoperable
vehicles openly stored 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
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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.
6.02.410 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 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
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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)
6.02.220 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:
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. 18-12 §1; Ord. 12-02 §1)
6.01.020 Definitions. (Inoperable Vehicles, Junk, Parts)
As used in this title:
J. "Inoperable vehicle" means any vehicle which does not display a current
state vehicle license or tags, which cannot be moved without being either
repaired or dismantled, or which is no longer safely usable for the purposes for
which it was manufactured.
K. "Junk" means items that have no apparent utility or are in an unsanitary
condition.
You now have 10 calendar days from the date of this letter in which to bring your
property into compliance. When compliance is achieved, please notify us in writing
and reference record number NCC2023-00074. You can send photos or other
documentation to codecompliance@tigard-or.gov, or mail to City of Tigard, Code
Compliance, 13125 SW Hall Blvd., Tigard, OR 97223.
This also serves as your second notice that the city may use an abatement service to
correct persistent code violations. The cost of such abatement is at the expense of
the property owner and can include a lien on the property.
If we do not hear from you within 10 days of this letter with confirmation that this
property has achieved compliance, the city may pursue abatement or may serve you
with a summons to municipal court.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
Thank you for your assistance in maintaining Tigard as "A Place to Call Home." It is
important to us that Tigard remains a safe, clean, and attractive community. Your
prompt response in this matter is appreciated.
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