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Home My WebLink AboutViolator Letter 1 - 1-14-2022 1111 . 1 • . TIGARD City of Tigard January 14, 2022 Esh/Hv Properties LIc Tax Deptartment Extended Stay Hotels Po Box 49550 Charlotte, NC 28277 RE: Code Compliance Record Number: NCC2022-00001 Dear Esh/Hv Properties LIc: This requests your cooperation in resolving a complaint that we have received regarding your property at 13009 SW 68TH PKWY A, 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: 6.02.020 Noxious Vegetation (Obstructing View of Right Of Way) 6.02.310 Streets, Sidewalks, and Public Pedestrian Easements. 6.02.320 Maintenance and Repair of Public Sidewalks and Public Pedestrian Easements. 6.02.330 Sidewalks, Public Pedestrian Easements, Curbs and Planter Strips. 6.02.340 Encroachments Within Rights-of-Way and Public Property. 6.02.120 Visual Clearance Requirements. Specifically, it has been reported that the landscaped area at the center of the parkway on or adjacent to your property is overgrown with noxious vegetation that is encroaching into and obstructing the public right-of-way. Please remove overgrown and encroaching vegetation on or adjacent to your 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov 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. 6.02.020 Noxious Vegetation (Obstructing View of Right Of Way) A. No owner or responsible party shall allow noxious vegetation as defined in Sections 6.01.020.L.1 through 6.01.020.L.7 to be on the property or in the right-of-way of a public thoroughfare abutting on 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. 6.01.020.L. "Noxious vegetation" means: 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. 6.02.310 Streets, Sidewalks, and Public Pedestrian Easements. A responsible party shall keep a public street or sidewalk abutting their property, or a public pedestrian easement over their property, free from earth, rock and other debris and other objects that may obstruct or render the street, sidewalk, or pathway unsafe for its intended use. (Ord. 21-03 §2; Ord. 12-02 §1) 6.02.320 Maintenance and Repair of Public Sidewalks and Public Pedestrian Easements. It is the duty of all persons owning property which has public sidewalks abutting the property, or public pedestrian easements over the property, to maintain and keep in repair the sidewalks or pathways and not permit them to become or remain in a dangerous or unsafe condition. "Maintenance" includes, but is not limited to, the removal of snow and ice. Any owner of property who neglects to promptly comply with the provisions of this section is fully liable to any person injured by such negligence. The city is exempt from all liability, including, but not limited to, common-law liability, that it might otherwise incur to an injured party as a result of the city's negligent failure to maintain and repair public sidewalks or pedestrian easements. (Ord. 21-03 §3; Ord. 12-02 §1) 6.02.330 Sidewalks, Public Pedestrian Easements, Curbs and Planter Strips. Maintenance of sidewalks, curbs and planter strips is the continuing obligation 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov of the adjacent property owner. Maintenance of a public pedestrian easement is the continuing responsibility of the underlying property owner. (Ord. 21-03 §4; Ord. 12-02 §1) 6.02.340 Encroachments Within Rights-of-Way and Public Property. Except as provided in Chapter 15.16, it is unlawful for any person to erect, or cause to be erected, any encroachment in, over, or upon any right-of-way, or public property without having first obtained a permit from the city engineer authorizing such action. (Ord. 18-20 §§1, 2; Ord. 12-02 §1) 6.02.120 Visual Clearance Requirements. All property within the city must be maintained in compliance with the visual clearance requirements of TCDC 18.930.030. (Ord. 20-03 §5; Ord. 12-02 §1) 18.930.030 Vision Clearance Requirements A. At corners. Except within the MU-CBD zone, a vision clearance area must be maintained on the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. B. Obstructions prohibited. A clear vision area must be maintained free of vehicles, hedges, plantings, fences, wall structures, and temporary or permanent obstructions (except for an occasional utility pole or tree), exceeding 3 feet in height, measured from the top of the curb, or where no curb exists, from the street center line grade. Trees exceeding 3 feet in height may be located in this area, provided all branches below 8 feet are removed. C. Additional topographical constraints. Where the crest of a hill or vertical curve conditions contribute to the obstruction of clear vision areas at a street or driveway intersection, hedges, plantings, fences, walls, wall structures, and temporary or permanent obstructions must be further reduced in height or eliminated to comply with the intent of the required clear vision area. (Ord. 18-23 §2; Ord. 17-22 §2) 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 NCC2022-00001. 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