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Violator Letter 1 - 3-28-2024 1 . 1 • . TIGARD City of Tigard March 28, 2024 Faulkner-Wilson, Sheri 10445 Sw 67th Ave Tigard, OR 97223 RE: Code Compliance Record Number: NCC2024-00040 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: 6.02.010 Nuisances Affecting the Public Health 6.02.250 Offensive Wastes Prohibited. 11.04.110 Offensive Wastes Prohibited. 14.16.220 Cleanliness and Sanitation. 6.02.220 Open Storage of Junk. (Inoperable Vehicles, Junk, Parts) Specifically, the following has been reported regarding burning garbage and open storage of inoperable vehicles on your property: "Frequently this house burns garbage in their fireplace - and the smoke sinks to ground level throughout our neighborhood. It is putrid, toxic, and triggers breathing difficulty. This home does not have garbage/waste disposal service and it is clearly burning garbage that should not be burned. This house does not have garbage service and there is putrid debris inside and 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov outside of the home. They burn their garbage frequently leaving the neighborhood with toxic fumes. This house currently has anywhere from 7-12 vehicles that range from junk to semi-operational. about 50% of them have expired tags and at least one vehicle is being used as a residence. Many are frequently parked on the grass in the front yard." Please immediately cease and desist burning garbage and creating offensive odor; remove or repair openly stored inoperable vehicles on your property. 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 6.02.010Common 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 or condition as to cause an offensive odor detectable at a property line, or that is in an insanitary condition. 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) 11.04.110 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. 78-64 §16; Ord. 91-36 §1) 14.16.220 Cleanliness and Sanitation. The interior of every dwelling shall be constructed in a safe and structurally sound condition to permit the interior to be maintained in a clean and sanitary condition. The interior of every dwelling shall be free from accumulation of rubbish or garbage which is affording a breeding ground for insects and rodents, producing dangerous or offensive gases, odors and bacteria, or other 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov unsanitary conditions, or a fire hazard. (Ord. 99-02) 6.02.220 Open Storage of Junk. (Inoperable Vehicles, Junk, 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; 6.01.020 Definitions. As used in this title: "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. "Junk" means items that have no apparent utility or are in an unsanitary condition. 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 NCC2024-00040. You can send photos or other documentation to codecompliance@tgard-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." 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov 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