HomeMy WebLinkAboutViolator Letter 1 - 8-5-2024 1111
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TIGARD
City of Tigard
August 05, 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: NCC2024-00158
Dear Thompson Living Trust:
This requests your cooperation in resolving a complaint that we have received
regarding your property at 12625 SW HALL BLVD 1, 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:
6.02.030 Trees and Bushes.
6.02.020 Noxious Vegetation.
8.06.020 Hazard Trees Prohibited.
8.04.040 Emergency Tree Permit Procedures.
Specifically, it has been reported that there is a dead or dying hazardous tree located
by the mailboxes on your property.
Please obtain a tree removal permit by contacting the City of Tigard Planner on Duty
(503-718-2421) by email at tigardplanneronduty@tigard-or.gov or in person at 13125
SW Hall Blvd, in Tigard, Oregon and remove the hazardous tree on your property.
We have not yet verified these violations nor have we assessed any penalties. If you
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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.
6.02.030 Trees and Bushes.
A. No responsible party shall permit branches or roots of trees or bushes on
the property to extend into a right-of-way in a manner which interferes with its
use.
B. A responsible party shall keep the branches of all trees or bushes on the
premises that adjoin the right-of-way, including an adjoining parking strip,
trimmed to a height of not less than eight feet above a sidewalk and not less
than 13 feet above a street.
C. No responsible party shall allow to stand any hazard tree as defined in
Chapter 8.02.
(Ord. 12-02 §1; Ord. 12-11 §1)
6.02.020 Noxious Vegetation.
A. No responsible party shall allow noxious vegetation as defined in Sections
6.01.020.M.1 through 6.01.020.M.7 to be on the property or in the right-of-way
abutting the property.
B. The responsible party for a violation of subsection A of this section shall cut
down or destroy grass, shrubbery, brush, bushes, weeds or other noxious
vegetation as often as needed to prevent them from becoming unsightly or, in
the case of weeds or other noxious vegetation, from maturing or from going to
seed.
C. No responsible party shall plant or allow to be planted on their property
noxious vegetation as defined in Section 6.01.020.M.8.
D. The responsible party for a violation of subsection C of this section shall
remove or otherwise destroy the subject invasive and noxious plants.
(Ord. 12-02 §1)
"Noxious vegetation" means:
1. Weeds more than 10 inches high;
2. Grass more than 10 inches high and not within the exception stated in
paragraph 9 of this subsection;
3. Poison oak, poison ivy or similar vegetation;
4. Vegetation that is likely to cause fire;
5. Blackberry bushes that extend into a right-of-way or across a property line;
6. Vegetation that is a health hazard;
7. Vegetation that is a health hazard because it impairs the view of the
right-of-way or otherwise makes use of the right-of-way hazardous;
8. Any of the following invasive and noxious plants: Hedera helix L. (English
ivy), Heracleum mantegazzianum (giant hogweed), Lythrum salicaria L. (purple
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
loosestrife), Polygonum cuspidatum (Japanese knotweed), Rubus discolor
(Himalayan blackberry);
9. "Noxious vegetation" does not include vegetation that constitutes an
agricultural crop, unless that vegetation is a health hazard, a fire hazard or a
traffic hazard, and it is vegetation within the meaning of this subsection.
8.06.020 Hazard Trees Prohibited.
A. Hazard trees that are verified through the Hazard Tree Evaluation and
Abatement Procedure in Section 1 of the Urban Forestry Manual are prohibited
within the City of Tigard.
B. Any hazard tree owner or responsible party identified through the Hazard
Tree Evaluation and Abatement Procedure in Section 1 of the Urban Forestry
Manual shall be required to complete hazard tree abatement.
C. Failure of a hazard tree owner or responsible party identified through the
Hazard Tree Evaluation and Abatement Procedure in Section 1 of the Urban
Forestry Manual to complete hazard tree abatement is a nuisance under
Chapter 6.02 and subject to penalties under Chapter 1.16.
(Ord. 12-11 §1)
8.04.040 Emergency Tree Permit Procedures.
If an emergency exists because a tree presents such a clear and present
danger to people, structures, infrastructure or utilities that there is insufficient
time to obtain a permit, any person may remove the subject tree without first
having obtained a permit. The person shall, within 14 calendar days after
having removed such tree, submit a retroactive application for a city manager
tree permit through the City Manager Decision Making Procedures detailed in
Section 8.04.020. Applicants are encouraged to take photographs of the
subject tree and obtain written documentation from a certified arborist prior to
the removal. If the city manager or designee determines that there was no
emergency, he/she shall pursue enforcement action through Chapter 1.16.
(Ord. 12-11 §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 NCC2024-00158. 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.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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