Violator Letter 1 - 9-30-2024 1 . 1
• .
TIGARD
City of Tigard
September 30, 2024
Faulkner-Wilson, Sheri
10445 Sw 67th Ave
Tigard, OR 97223
RE: Code Compliance Record Number: NCC2024-00197
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:
14.16.450 Illegal Residential Occupancy.
6.02.170 Storage in Front Yards.
6.02.010 Nuisances Affecting the Public Health
6.02.220 Open Storage of Junk. (Inoperable Vehicles, Junk, Parts)
6.02.240 Garbage and Putrescible Waste.
6.02.250 Offensive Wastes Prohibited.
6.02.230 Scattering Rubbish.
6.02.150 Insects and Rodents.
6.02.410 Prohibition on Excessive Noise.
6.02.430 Noise Limits.
6.02.440 Prohibited Noises.
Specifically, the following has been reported regarding prohibited transient camping,
openly stored inoperable vehicles with expired tags/plates, waste, garbage, junk,
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
debris, and offensive odor associated with burning plastic or garbage, and loud
barking dogs creating excessive noise on your property:
There's a substantial waste build up at this property. Frequent visitors leave
hypodermic needles in the streets/bushes around the corner. The property doesn't
have trash/recycling service.
There is a large number of unlicensed, unvaccinated dogs on this property. They leap
over the fence and get loose in the neighborhood frequently. They bark for HOURS at
a time when they are hungry and haven't been fed.
Not an RV - but there are frequently people high on drugs sleeping in cars in the front
yard - sometimes even when the car is still running!
There are at least 6 cars that cannot be driven on this property.
There's a distinctive odor when the trash is burner or incinerated that fills the
neighborhood. Smells like plastic/chemicals.
Please immediately cease and desist allowing prohibited transient camping on your
property;
Please remove openly stored inoperable vehicles with expired tags/plates on your
property;
Please remove openly stored waste, garbage, junk, debris on your property;
Please prevent the generation of excessive noise on your property;
Please prevent the generation of offensive odor 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.
14.16.450 Illegal Residential Occupancy.
When a property has an illegal residential occupancy, including but not limited
to occupancy of tents, campers, motor homes, recreational vehicles, or other
structures or spaces not intended for permanent residential use or occupancy
or spaces constructed or converted without permit, the use shall be abated or
the structure brought into compliance with the present regulations for a building
of the same occupancy.
(Ord. 99-02)
6.02.170 Storage in Front Yards.
Storage of boats, trailers, campers, camper bodies, house trailers, recreation
vehicles or commercial vehicles in excess of 3/4 ton capacity may be stored in
a required front yard in a residential zone subject to the following:
A. No such unit shall be parked in a visual clearance area of a corner lot or in
the visual clearance area of a driveway which would obstruct vision from an
adjacent driveway or street.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
B. No such unit shall be used for dwelling purposes except that one camper,
house trailer or recreational vehicle may be used for sleeping purposes by
friends, relatives or visitors on land entirely owned by or leased to the host
person for a period not to exceed 14 days in one calendar year; provided that
such unit shall not be connected to any utility, other than temporary electricity
hookups, and provided that the host person shall receive no compensation for
such occupancy or use.
C. Any such unit parked in the front yard shall have current state license plates
or registration and must be kept in mobile condition.
(Ord. 12-02 §1; Ord. 17-23 §1)
6.02.010 Nuisances Affecting the 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:
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.
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.
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:
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. 12-02 §1; Ord. 18-12 §1)
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.
6.02.240 Garbage and Putrescible Waste.
A. All solid waste receptacles, including, but not limited to, cans, containers
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
and drop boxes, shall be maintained in a safe and sanitary condition by the
customer.
B. All putrescible solid wastes shall be removed from any premises at least
once every seven days, regardless of whether or not confined in any
container, compactor, drop box or other receptacle.
(Ord. 12-02 §1)
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)
6.02.230 Scattering Rubbish.
No person shall deposit upon public or private property any kind of rubbish,
trash, debris, refuse, or any substance that would mar the appearance, create
a stench or fire hazard, detract from the cleanliness or safety of the property
or would be likely to injure a person or animal or damage a vehicle traveling
upon a right-of-way.
(Ord. 12-02 §1)
6.02.150 Insects and Rodents.
Storage of any materials including wastes or maintaining any grounds in a
manner that may attract or aid the propagation of insects or rodents or create a
health hazard is declared to be a public nuisance in violation of this title.
(Ord. 12-02 §1)
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:
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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
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)
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 NCC2024-00197. You can
send photos or other documentation to codecompliance@tigard-or.gov, or mail it to
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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