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HomeMy WebLinkAboutViolator Letter 1.1 - 4-4-2024 1 . 1 • . TIGARD City of Tigard April 04, 2024 Dxl Big + Tall 10250 Washington Sq Rd Space C01 Tigard, OR 97223 RE: Code Compliance Record Number: DCC2024-00055 Dear Dxl Big + Tall: 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 can confirm that no violation exists or if you correct it voluntarily within 20 days as 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov 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 engaging in business after the start of the business license year, the license 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov 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