HomeMy WebLinkAboutViolator Letter 1 - 4-4-2024 1111
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TIGARD
City of Tigard
April 04, 2024
Ppr Square Too LIc
By Macerich Ret
Po Box 4085
Santa Monica, CA 90411
RE: Code Compliance Record Number: DCC2024-00055
Dear Ppr Square Too LIc:
This requests your cooperation in resolving a complaint that we have received
regarding your property at 10250 SW WASHINGTON SQUARE RD, 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:
5.04.040 Prohibited Business Operation.
5.04.050 One Act Constitutes Doing Business.
5.04.190 Penalties.
Specifically, it has been reported that the DXL BIG + TALL business associated with
your property at 10250 WASHINGTON SQ RD SPACE C01 does not possess a valid
City of Tigard issued business license.
Please ensure that the business associated with your property possesses a valid City
of Tigard business license by contacting the City of Tigard Finance Department at
503-718-2489, by email at buslic@tigard-or.gov, or in person at 13125 SW Hall Blvd
in Tigard, Oregon.
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.
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.
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
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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. 07-15; Ord. 88-13 §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 DCC2024-00055. 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."
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