Violator Letter 1 - 4-1-2024 1 . 1
• .
TIGARD
City of Tigard
April 01, 2024
Faulkner-Wilson, Sheri
10445 Sw 67th Ave
Tigard, OR 97223
RE: Code Compliance Record Number: NCC2024-00041
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:
10.32.050 Unlawful Marking.
10.32.250 Penalties.
18.435.070 Prohibited Signs.
18.20.040 Violations.
6.02.160 Signs.
6.01.040 Penalty for Violation of this Title.
Specifically, it has been reported that signage attached to the fence on your property,
located along SW Oak St., is displayed with the intention of prohibiting or restricting
parking on the city street.
Please remove unlawfully displayed signage 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
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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.
10.32.050 Unlawful Marking.
Except as provided by Chapters 10.16 through 10.32, it is unlawful for any
person to letter, mark, or paint in any manner any letters, marks, or signs on
any sidewalk, curb or other portion of any street, or to post anything designed
or intended to prohibit or restrict parking on any street.
(Ord. 70-41 Ch. 8 §5; Ord. 78-3 §7(b))
10.32.250 Penalties.
Violations of any provision of this chapter are a class B traffic infraction.
(Ord. 70-41 Ch. 8 §49; Ord. 78-3 §7(c))
18.435.070 Prohibited Signs.
A. Unsafe or improperly maintained signs. All signs must be constructed,
erected, and maintained to withstand the wind, seismic, or other applicable
requirements in the state building code or this title.
B. Unauthorized traffic signs. The following signs are prohibited:
1. Signs that interfere with, obstruct the view of, or could be confused with any
authorized traffic sign, signal, or device by reason of position, shape, or color;
and
2. Signs that make use of the word "stop," "look," "danger," or any other similar
word, phrase, symbol, or character that is likely to interfere with, mislead, or
confuse motorists.
C. Obscene signs. Signs containing statements, words, or pictures in which the
dominant theme of the material, taken as a whole, appeals to the prurient
interest in sex or is patently offensive because it affronts the contemporary
community standard relating to the description or representation of sexual
material are prohibited.
D. Obstructing signs.
1. Signs or sign structures may not be constructed or located in a manner that
obstructs access to any fire escape or other means of ingress or egress from
a building or any exit corridor, hallway, or doorway. Signs or sign structures
may not cover, wholly or partially, any window or doorway in any manner that
substantially limits access to the building in case of fire or other emergency;
and
2. Signs or sign structures at any street intersection must comply with Chapter
18.930, Vision Clearance Areas.
E. Roof signs. Roof signs are prohibited, except for temporary balloon signs
allowed by Section 18.435.100, flush-pitched roof signs allowed by Subsection
18.435.090.F, and pedestrian-oriented roof signs allowed by Paragraph
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
18.435.130.G.5.
F. Revolving, rotating, or moving signs. Revolving, rotating, or moving signs are
prohibited, except for temporary banners or balloons allowed by Section
18.435.100.
G. Flashing signs. Flashing signs of any kind are prohibited, including, but not
limited to, strobe lights.
H. Right-of-way signs. Signs in the public right-of-way in whole or in part are
prohibited, except for signs legally erected for informational purposes by or on
behalf of a government agency, bench signs allowed by Subsection
18.435.090.B, awning signs allowed by Subsection 18.435.090.E, temporary
banners allowed by Paragraph 18.435.060.A.12, or signs allowed by
Subparagraph 18.435.130.G.1.c in the TMU and MU-CBD zones. Any sign that
projects into or is located in City of Tigard right-of-way is subject to approval by
the City Engineer. Signs may not project into or be located in Oregon
Department of Transportation right-of-way.
18.20.040 Violations.
A. Violations. It is unlawful to violate any provisions of this title including but not
limited to provisions relating to a land use approval or conditions of land use
approval. Erection, construction, alteration, maintenance, or use of any
building or structure in violation of this title; or use, division, or transfer of any
land in violation of this title is prohibited. Each violation of a separate provision
of this title constitutes a separate infraction, and each day that a violation of
this title is committed or continued constitutes a separate infraction.
B. Responsible party. The responsible party is the person responsible for
curing or remedying a violation, which includes:
1. The owner of the property, or the owner's manager or agent or other person
in control of the property on behalf of the owner;
2. The person occupying the property, including bailee, lessee, tenant, or other
person having possession; or
3. The person who is alleged to have committed the acts or omissions, created
or allowed the condition to exist, or placed the object or allowed the object to
exist on the property.
C. Enforcement. In any case where a violation of this title occurs, such
violation constitutes a nuisance and a Class I Civil Infraction as provided in Title
6 of the Tigard Municipal Code. The city may remedy the violation by any
appropriate means necessary as allowed by the municipal code and available
to the city.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 22-06 §2)
6.02.160 Signs.
Constructing, placing, or maintaining a sign in violation of Tigard Community
Development Code Chapter 18.435 is declared to be a public nuisance in
violation of this title.
(Ord. 12-02 §1; Ord. 18-20 §3)
6.01.040 Penalty for Violation of this Title.
A. A violation of this title constitutes a Class 1 civil infraction, which will be
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
processed according to procedures established in Chapter 1.16 of this code.
B. Each violation of a provision of this title constitutes a separate infraction,
and each day that a violation of this title is committed or permitted to continue
constitutes a separate infraction.
C. If more than one person is a responsible party, they are jointly and severally
liable for abating the nuisance or for the costs incurred by the city in abating
the nuisance.
D. A finding of a violation of this title does not relieve the responsible party of
the duty to abate the violation. Penalties imposed by this title are in addition to
and not in lieu of any remedies available to the city.
E. Each violation of a provision of this title is subject to the specific penalty or
administrative fee established in Chapter 1.16 of this code.
(Ord. 12-02 §1; Ord. 19-03 §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.
Please respond in writing and reference record number NCC2024-00041. 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