HomeMy WebLinkAboutViolator Letter 1.1 - 9-6-2023 1•r 11
TIGARD
City of Tigard
September 06, 2023
Superior Community Management
By Way Of Jennifer L. Blythe
Po Box 4585
Tualatin, OR 97062
RE: Code Compliance Record Number: HCC2023-00044
Dear Superior Community Management:
This requests your cooperation in resolving a complaint that we have received
regarding your property at 11044 SW GREENBURG RD 217, 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.
14.16.070 Definitions (Accessory Structure)
14.16.100 Accessory Structures.
6.02.140 Accessory Structures.
14.16.360 Dangerous and Derelict Structures, Generally.
14.16.380 Dangerous Structures.
14.16.410 Abatement of Dangerous Structures.
14.04.030 State Codes Adopted
105.1 Required Permits
Specifically, it was reported and confirmed that multiple decks on your property are in
disrepair and failing, creating a safety hazard.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
It was also reported and confirmed that structural work was completed on your
property without building permits.
On September 6th, 2023, a stop work order was issued and a notice was posted at
your property.
Although the apparent structural work conducted on your property appears to be
associated with temporarily "shoring" and preserving failing decks, we have received
no information regarding this temporary measure such as the scope of work, safety
protocols, its projected duration, or specialty trade permits on file for structural repair.
Please respond with a restoration plan, which includes decks identified for repair,
safety protocols, scope of work, and a timeline for repairs and obtain permits for
permanent structural repair work by contacting the City of Tigard Building Division at
503-718-2439 or tigardbuildingpermits@tigard-or.gov.
Once these conditions have been met, and the stop work order has been removed,
please conduct appropriate maintenance and repairs on your property.
Even though we have verified these violations we have not yet 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)
14.16.070 Definitions (Accessory Structure)
A. The definition of words with specific meaning in this chapter are as
follows:
2. Accessory Structure. Any structure not intended for human occupancy
which is located on residential property. Accessory structures may be attached
to or detached from the residential structure. Examples of accessory structures
include: garages, carports, sheds, and other non-dwelling buildings; decks,
awnings, heat pumps, fences, trellises, flag poles, tanks, towers, exterior stairs
and walkways, and other exterior structures on the property.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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)
6.02.140 Accessory Structures.
Constructing, placing or maintaining an accessory structure in violation of the
provisions of TCDC 18.290.050 is declared to be a public nuisance in violation
of this title. (Ord. 20-03 §7; Ord. 12-02 §1)
14.16.360 Dangerous and Derelict Structures, Generally.
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.
E. Vulnerability to earthquakes, high winds.
1. Whenever any portion of a structure is wrecked, warped, buckled, or has
settled to such an extent that walls or other structural portions have materially
less resistance to winds or earthquakes than is required in the case of similar
new construction; or
2. Whenever any portion of a building, or any member, appurtenance, or
ornamentation of the exterior thereof is not of sufficient strength or stability, or
is not so anchored, attached or fastened in place so as to be capable of
resisting a wind pressure of one half of that specified in Chapter 14.04 for new
buildings of similar structure, purpose, or location without exceeding the
working stresses permitted in Chapter 14.04 for such buildings.
G. Risk of failure or collapse.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
1. Whenever any portion or member or appurtenance thereof is likely to fail,
or to become disabled or dislodged, or to collapse and thereby injure persons
or damage property; or
2. Whenever the structure, or any portion thereof, is likely to partially or
completely collapse as a result of any cause, including but not limited to:
a. Dilapidation, deterioration, or decay;
b. Faulty construction;
c. The removal, movement, or instability of any portion of the ground
necessary for the purpose of supporting such structure; or
d. The deterioration, decay, or inadequacy of its foundation.
H. Excessive damage or deterioration. Whenever the structure exclusive of
the foundation:
1. Shows 33 percent or more damage or deterioration of its supporting
member or members;
2. 50 percent damage or deterioration of its non-supporting members; or
3. 50 percent damage or deterioration of its enclosing or outside wall
coverings.
K. Other hazards to health, safety, or public welfare.
1. Whenever, for any reason, the structure, or any portion thereof, is
manifestly unsafe for the purpose for which it is lawfully constructed or
currently is being used; or
2. Whenever a structure is structurally unsafe or is otherwise hazardous to
human life, including but not limited to whenever a structure constitutes a
hazard to health, safety, or public welfare by reason of inadequate
maintenance, dilapidation, unsanitary conditions, obsolescence, fire hazard,
disaster, damage, or abandonment.
14.16.410 Abatement of Dangerous Structures.
All structures or portions thereof which are determined after inspection by the
Building Official to be dangerous as defined in this chapter are hereby
declared to be public nuisances and shall be abated by repair, rehabilitation,
demolition, or removal in accordance with the procedures specified herein. If
the Building Official determines that a structure is dangerous, as defined by
this chapter, the Building Official may commence proceedings to cause the
repair, vacation or demolition of the structure. (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:
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
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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 HCC2023-00044. 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.
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."
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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