Violator Letter 2 - 10-23-2024 1 . 1
TIGARD
City of Tigard
10/23/2024
Faulkner-Wilson, Sheri
10445 Sw 67th Ave
Tigard, OR 97223
RE: Code Compliance Record Number: NCC2024-00201
Dear Faulkner-Wilson, Sheri:
On 9/30/2024, 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:
5.04.040 Prohibited Business Operation.
5.04.050 One Act Constitutes Doing Business.
5.04.190 Penalties.
18.110.030 Land Use Standards. (Motor Vehicle Servicing/Repair - Prohibited)
18.20.040 Violations.
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, it has been reported that there is a prohibited junk vehicle repair
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
business, open storage of an inoperable lived-in RV motorhome, inoperable junk
vehicles, junk parts and furniture, garbage, waste, debris and offensive odor creating
a breeding ground for insects and rodents, and loud barking dogs creating excessive
noise on your property.
Please immediately cease and desist operating a prohibited junk vehicle repair
business on your property.
Please remove the openly stored inoperable lived-in RV motorhome, inoperable junk
vehicles, junk parts and furniture, garbage, waste, and debris creating a breeding
ground for insects and rodents on your property.
And prevent the generation of excessive noise associated with loud barking dogs 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
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.
5.04.040 Prohibited Business Operation.
It shall be unlawful for any persons, either directly or indirectly, to engage in
any business without having first obtained a business license and where
applicable, a Home Occupation Permit and paying the business license fee as
prescribed by this chapter.
(Ord. 88-13 §1; Ord. 07-15)
5.04.050 One Act Constitutes Doing Business.
For the purpose of this chapter, any persons shall be deemed to be engaging
in business or engaging in nonprofit enterprise, and thus subject to the
requirements of Section 5.04.040, when undertaking one of the following acts:
1. Selling any goods or service;
2. Soliciting business or offering goods or services for sale, hire, trade or
barter;
3. Acquiring or using any vehicle or any premises for business purposes in the
city.
(Ord. 88-13 §1; Ord. 07-15)
5.04.190 Penalties.
1. Violation of this chapter shall constitute a Class 2 civil infraction which shall
be processed according to the procedures established in Chapter 1.16, Civil
Infractions of this code.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
2. Each violation of a separate provision of this chapter shall constitute a
separate infraction, and each day that a violation of this chapter is committed
or permitted to continue shall constitute a separate infraction.
3. A finding that a person has committed a civil infraction in violation of this
chapter shall not act to relieve the person from payment of any unpaid
business license, including delinquent charges, for which the person is liable.
The penalties imposed by this section are in addition to and not in lieu of any
remedies available to the city.
4. Payment of the business license fee after the complaint and summons is
served is not a defense.
5. Any applicant or licensee who fails to make an application for an initial
business license, or for renewal of an existing business license along with the
appropriate fee for the business license year, prior to the delinquency date as
provided below shall be subject to a penalty. For the renewal of an existing
business license, the business license fee shall be deemed delinquent if not
paid by January 1st of the applicable business license year. If a person begins
engaging in business after the start of the business license year, the license
fee shall be deemed delinquent if the fee is not paid within 30 days after
commencement of the business activity. Whenever the license fee is not paid
on or before the delinquent date a penalty of 10% of the license fee due and
payable shall be added for each calendar month or fraction thereof that the fee
remains unpaid. The total amount of the delinquency penalty for any business
license year shall not exceed 100% of the business license fee due and
payable for such year.
6. If a provision of this chapter is violated by a firm or corporation, the officer
or officers, or person or persons responsible for the violation shall be subject to
the penalties imposed by this chapter.
(Ord. 88-13 §1; Ord. 07-15)
18.110.030 Land Use Standards.
A. General provisions. A list of allowed, restricted, conditional, and prohibited
uses in residential zones is provided in Table 18.110.2. If a use category is not
listed, see Section 18.60.030.
1. Allowed (A). Uses that are allowed, subject to all of the applicable provisions
of this title.
2. Restricted (R). Uses that are subject to the special requirements, exceptions,
or restrictions provided in Subsection 18.110.030.B.
3. Conditional (C). Uses that require the approval of the Hearings Officer using
discretionary criteria. The approval process and criteria are provided in
Chapter 18.740, Conditional Use.
4. Prohibited (P). Uses that are not allowed under any circumstance.
Table 18.110.2
Use Table
Use Categories RES-B
Motor Vehicle Servicing - P = Prohibited
18.20.040 Violations.
A. Violations. It is unlawful to violate any provisions of this title including but not
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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)
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.
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)
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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
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
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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:
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.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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 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 NCC2024-00201. 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.
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,
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
Code Compliance
City of Tigard
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov