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HomeMy WebLinkAboutViolator Letter 1 - 7-24-2024 III . • . TIGARD City of Tigard July 24, 2024 Thompson Living Trust By Thompson, J Ronald & Cecilia I Trs Manchester Llc 1121 W Lindner Ave Mesa, AZ 85210 RE: Code Compliance Record Number: HCC2024-00044 Dear Thompson Living Trust: This requests your cooperation in resolving a complaint that we have received regarding your property at 12625 SW HALL BLVD 32, 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: 14.16.080 Housing Maintenance Requirements, Generally. 14.16.100 Accessory Structures. 14.16.140 Exterior Walls and Exposed Surfaces. 14.16.150 Stairs and Porches. 14.16.160 Handrails and Guardrails. 14.16.330 Maintenance of Facilities and Equipment. 14.16.360 Dangerous and Derelict Structures, Generally. 14.16.380 Dangerous Structures. 14.16.470 Violations. 14.04.030 State Codes Adopted 105.1 Required Permits 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov Specifically, it has been reported that there is a lack of maintenance and repairs involving unsafe and failing stairways and balconies on your property. Please conduct appropriate maintenance and repairs on your property. Please obtain any required building permits for specialty trade construction repair work on your property by contacting the City of Tigard Building Division by phone (503-718-2439), by email at tigardbuildingpermits@tgard-or.gov or at 13125 SW Hall Blvd in Tigard, Oregon. 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. 14.16.080 Housing Maintenance Requirements, Generally. No owner shall maintain or permit to be maintained any residential property which does not comply with the requirements of this chapter. All residential property shall be maintained to the building code requirements in effect at the time of construction, alteration, or repair and shall meet the minimum requirements described in this chapter. (Ord. 99-02) 14.16.100 Accessory Structures. All accessory structures on residential property shall be maintained structurally safe and sound and in good repair. Exterior steps and walkways shall be maintained free of unsafe obstructions or hazardous conditions. (Ord. 99-02) 14.16.140 Exterior Walls and Exposed Surfaces. A. Every exterior wall and weather-exposed exterior surface or attachment shall be free of holes, breaks, loose or rotting boards or timbers and any other conditions which might admit rain or dampness to the interior portions of the walls or the occupied spaces of the building. B. All exterior wood surfaces shall be made substantially impervious to the adverse effects of weather by periodic application of an approved protective coating of weather-resistant preservative, and be maintained in good condition. Wood used in construction of permanent structures and located nearer than six inches to earth shall be treated wood or wood having a natural resistance to decay. C. Exterior metal surfaces shall be protected from rust and corrosion. D. Every section of exterior brick, stone, masonry, or other veneer shall be 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov maintained structurally sound and be adequately supported and tied back to its supporting structure. (Ord. 99-02) 14.16.150 Stairs and Porches. Every stair, porch, and attachment to stairs or porches shall be so constructed as to be safe to use and capable of supporting the loads to which it is subjected and shall be kept in sound condition and good repair, including replacement as necessary of flooring, treads, risers, and stringers that evidence excessive wear and are broken, warped, or loose. (Ord. 99-02) 14.16.160 Handrails and Guardrails. A. Every handrail and guardrail shall be firmly fastened, and shall be maintained in good condition, capable of supporting the loads to which it is subjected, and meet the following requirements: 1. Handrails and guardrails required by building codes at the time of construction shall be maintained or, if removed, shall be replaced. 2. Where not otherwise required by original building codes, exterior stairs of more than three risers which are designed and intended to be used as part of the regular access to the dwelling unit shall have handrails. Interior stairs of more than three risers that connect between floors with habitable rooms shall have handrails. When required handrails are installed they shall have a minimum height of 30 inches and maximum height of 38 inches, measured vertically from the nosing of the treads. They shall be continuous the full length of the stairs and shall be returned or shall terminate in newel posts or safety terminals. 3. Where not otherwise required by original building codes, porches, balconies or raised floor surfaces located more than 30 inches above the floor or grade below shall have guardrails at least 36 inches high. Open sides of stairs with a total rise of more than 30 inches above the floor or grade below shall have guardrails no less than 34 inches in height measured vertically from the nosing of the tread. When required guardrails are installed, they shall have intermediate rails or ornamental closures which will not allow passage of an object 4 inches or more in diameter. (Ord. 99-02) 14.16.330 Maintenance of Facilities and Equipment. A. In addition to other requirements for the maintenance of facilities and equipment described in this chapter: 1. All required facilities in every dwelling shall be constructed and maintained to properly and safely perform their intended function. 2. All non-required facilities or equipment present in a dwelling shall be maintained to prevent structural damage to the building or hazards of health, sanitation, or fire. (Ord. 99-02) 14.16.360 Dangerous and Derelict Structures, Generally. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov No property shall contain any dangerous or derelict structure as described in this chapter. All such buildings or structures shall be repaired or demolished. (Ord. 99-02 14.16.380 Dangerous Structures. A. Any structure which has any or all of the following conditions or defects to the extent that life, health, property, or safety of the public or the structure's occupants are endangered, shall be deemed to be a dangerous structure, declared a nuisance, and such condition or defects shall be abated pursuant to Section 14.16.410 and Chapter 1.16 of the City Code. C. Weakened or unstable structural members or appendages. 1. Whenever any portion of a structure has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability is materially less than it was before such catastrophe and is less than the minimum requirements of Chapter 14.04 for new buildings of similar structure, purpose, or location; or 2. Whenever appendages including parapet walls, cornices, spires, towers, tanks, statuaries, or other appendages or structural members which are supported by, attached to, or part of a building, and which are in a deteriorated condition or otherwise unable to sustain the design loads which are specified in Chapter 14.04. D. Buckled or leaning walls, structural members. Whenever the exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base. G. Risk of failure or collapse. 14.16.470 Violations. A. A violation of this chapter shall constitute a Class 1 civil infraction, which shall be processed according to the procedures in the civil infractions ordinance, set out at Chapter 1.16 of this Code. B. 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. C. A finding of a violation of this chapter shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition and not in lieu of any remedies available to the City. D. 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. 99-02) 14.04.030 State Codes Adopted A. Except as otherwise provided in this chapter, the following codes, standards and rules are adopted and shall be in force and effect as part of this municipal code. The provisions of these codes, in addition to their individual scoping provisions found therein, shall also apply to demolition of structures, equipment and systems regulated by such codes: 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov 1. Under the authority of ORS 455.150 (effective 9/5/95), the City of Tigard administers those specialty codes and building requirements adopted by the state which the City of Tigard is granted authority to administer, including: the Structural, Mechanical, Plumbing, Electrical and Residential Specialty Codes; mobile or manufactured dwelling parks requirements; temporary parks requirements; manufactured dwelling installation, support and tiedown requirements and park or camp requirements (as listed in ORS 455.153); 105.1 Required Permits Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, change the character or use of the occupancy, or change the occupancy of a building or structure, which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. Any owner or owner's authorized agent who intends to repair and existing fire protection system or life safety system shall first notify the local building official and obtain any necessary building permit, where required by the municipality. See ORS 455.020(2). Exceptions: 1. Construction subject to minor labels and master permits when authorized by the inspection authority under OAR Chapter 918, Division 100. 2. Temporary (180 days) structural supports, structural replacement or repairs performed in an emergency on an existing structure. The municipality shall be notified of this work within 72 hours and permit application for the temporary work shall be submitted within the next five business days. 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 HCC2024-00044. 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. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov 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