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Home My WebLink AboutRE_ TMC Chap_ 6_02 Nuisances Affecting Public Health_ Safety and Peace - A Citizen’s Perspective_ to complainant 3-14-2022 From: Jason Snider Sent: Monday, March 14, 2022 5:55 PM To: 'Roger Potthoff'; mary.potthoff@live.com Cc: #Councilmail; Ken Ross;Tom McGuire; Emily Tritsch; Carol Krager;Jesse Raymundo Subject: RE:TMC Chap. 6.02 Nuisances Affecting Public Health, Safety and Peace -A Citizen's Perspective. Attachments: Jason Snider.vcf Dear Roger and Mary, Thank you for your written and phoned-in testimony at last week's council meeting. The City Council has read and viewed the submitted material as Mary requested. I do appreciate the time and effort you put into compiling your testimony. I'm sorry for the ongoing challenges outlined in your material. Rest assured, we take your concerns seriously and a team from Community Development has researched the issues brought to City Council's attention, which I share below. What's next? Members of Community Development's Planning and Code Compliance divisions are bringing City Council a detailed briefing of the agricultural section of the Tigard Municipal Code in May 2022. City Council will hear the briefing, staff recommendations, make our requests or recommendations and then staff will go back and draft a revised code chapter for Council to approve or amend in the autumn. Your testimony would be evidence regarding the impact of raising poultry in a suburban community and strengthen an argument to limit the number of chickens allowed per residence. Until the process in concluded, we will continue to address the Tigard Municipal Code's specific nuisances commonly associated with poultry - noise, odor, waste and rodents. And I'm sure you know, but it bears repeating, we cannot retroactively enforce old code compliance cases, but the community development team remains committed to current and future enforcement of the Municipal Code. Here is the information provided on each of the addresses in your material: Code Compliance case status typically displays "pending"in our system unless there is a resolution. A "pending" status should not be construed as non-compliance. It simply means we lack sufficient information to reach a definitive outcome or conclusion on a code compliance case. No new code compliance complaints have been received in 2022 regarding the three identified properties located at 11650, 11770 and 11890 SW Ann St in Tigard, Oregon. Included below are the previously reported concerns and specific compliance status, beyond "pending," of each identified property. 11650 SW Ann Ct: Elizabeth Sprague (NCC2021-00203: Lack of property maintenance and improper management of chickens and ducks creating a breeding ground for rodents.) i (DCC2021-00073: Operation of nursery business without license or permit, lived in RV trailer, traffic impacts and obstruction of row, open storage of junk, scattered rubbish, offensive wastes, breeding ground for insects and rodents) (NCC2021-00116: Ducks and roosters creating excessive noise and a breeding ground for insects and rodents) (DCC2021-00044: Operation of business at residential property without license or permit) (DCC2021-00023: Operation of business at residential property without license or permit) (NCC2015-00076: 18 or more chickens kept on his property to run free in an area that is closer than 100' to neighbor house). (DCC2015-00009: Operation of business at residential property without license or permit) Reported proper0 owner Elizabeth Sprague has a valid business license, home occupation permit, and has addressed all other reported concerns identified in the aforementioned code compliance cases. On 8-26-2021 respondent Eliabeth Sprague emailed documentation regarding a rodent extermination plan which demonstrates compliance. Complainant Roger Potthoff called and left a message indicating the presence of the rodent exterminator on the property, confirming compliance. 11770 SW Ann Ct: Respondent/owner Marlynn (Marty) Parsons (NCC2021-00211 Overgrown encroaching vegetation obstructing the right-of-way and openly stored inoperable vehicles, junk, garbage, and debris creating a fire hazard and breeding ground for rodents) (NCC2021-00055 Openly stored inoperable vehicle, junk, & debris), As of 1-27-2022, co-complainant Rich Met<ler called to report that the inoperable vehicle was removed and that clean-up of the reported property was underway. He also provided the phone number for the properly owner, Marty Parsons. 11890 SW Ann Ct: Respondent/Owner Perry Hutchison NCC2021-00054: (Openly stored inoperable junk vehicle). On 5-1 3-202 1, respondent Perry Hutchison called and mailed a letter challenging the complainant's assertions regarding his vehicle. There were no follow up complaints which dispute his claim of compliance. Thank you again for your testimony. We hear and understand the concerns your material has thoroughly outlined and appreciate your patience while we work through the code revision process.. Respectfully yours, Jason 2 Jason B. Snider III - a Mayor DIRECT 503.718.2476 TIGARD CELL 503.810.0269 ® EMAIL Jason@tigard-or.gov WEB www.tigard-or.gov City of Tigard I CITY COUNCIL 13125 SW Hall Boulevard,Tigard,OR 97223 From: Roger H. Potthoff<rog.potthoff@live.com> Sent: Friday, March 4, 2022 2:19 PM To:#Councilmail <councilmail@tigard-or.gov>; Ken Ross<kenro@tigard-or.gov>;Joanne Bengtson<joanne@tigard- or.gov> Cc: christine.winson@axiompest.com; wittenr@gmail.com; Marky Potthoff<mary.potthoff@live.com> Subject:TMC Chap. 6.02 Nuisances Affecting Public Health, Safety and Peace-A Citizen's Perspective. Caution!This message was sent from outside your organization. Allow sender I Block sender Greetings! My name is Roger Potthoff. I recently called into a City Council meeting to express my concern relating conditions on properties immediately adjacent to my home at 11710 SW Ann St., which are proving attractive to rats. Indeed, infestation is not an exaggeration, when viewed through the lens of public health and safety and peace of mind. This email is in follow-up to those concerns. Attached to this email is my written statement (in letter format) addressed to the COT elected officials and staff. The attachment is titled "3-4-22 Ltr to Cncil", and is intended to provide context for what has been happening on SW Ann Street over the past seven years, and the what residents in this neighborhood have been complaining, but doing nothing about - except for me, but that is changing now as others are fed-up and starting to do something about it. I ask that you read my letter before viewing the supporting documents and photos which are attached to/imbedded in this email. The letter will make clear my motivation in bringing this compound set of problems to your attention - again. The letter will also make clear the three properties at issue and help you understand the organization of the photos and documents which relate separately and severally to the three subject properties. The document links and photo URL addresses are also found in the letter, but while the Nikon Photo Image URLs in the letter will probably remain active upon transmission, the document pdf attachment links will probably not remained active in the letter. To cure this, I have in this email included all of URL hyperlinks and the pdf document attachments. If you have any difficulty in opening or accessing any of the attachments and/or hyperlinks, please let me know. You can expect that I and others from this neighborhood will be available to discuss with you and COT staff the broad range of concerns and possible remedies that relevant to this matter. I know there is a lot to review here and think about, but as warm weather returns and rodents become more active in breeding and feeding, remedying these conditions becomes extremely important and urgent. It really is a public health and safety 3 matter, and from my evidence it has been getting worse. The 15 rat photos of dead rats are not even close, not at all close, to a full accounting of this infestation. Thank you for your time and attention. Roger H. Potthoff 503-989-3846 First Group: Rat Photos https://nis.nikonimagespace.com/html/guest/index.html?g=-_hhwQMEr-SASoC2GuEod8tMIqp9- uFJYOS2wcaX93 5fnVI4BVB0DftKXTsRmvAOXCSFrwQPzefbvKaq-96YdQ Second Group: 11650 SW Ann St. Property Photos 2015 https://nis.nikonimagespace.com/html/guest/index.html?g=-_hhwQMEr-SASoC2GuEod8tMIqp9- uFJBOv47ekL5AlfnVI4BVB0DftKXTsRmvAOXC5FrwQPzef bvKaq-96YdQ 2018 https://nis.nikonimagespace.com/html/guest/index.html?g=3- LlgyxNaXMg1 aheGGgkGr4TbCgX4Z jFwFkSj gwvo9fnVI4BVB0DftKXTsRmvAOXCSFrwQPzefbvKaq-96YdQ 2021 https://nis.nikonimagespace.com/html/guest/index.html?g=- hhwQMEr-SASoC2GuEod8tMIgp9-uFJn3- 8IL8m9hNfnVI4BVB0DftKXTsRmvAOXC5FrwQPzefbvKaq-96YdQ 2022 https://nis.nikonimagespace.com/html/guest/index.html?g=-_hhwQMEr-SASoC2GuEod8tMIgp9-uFJyX28hYwc1- xfnVI4BVB0DftKXTsRmvAOXC5FrwQPzefbvKaq-96YdQ Third Group: 11770 SW Ann St. https://nis.nikonimagespace.com/html/guest/index.html?g=-_hhwQMEr-SASoC2GuEod8tMIgp9- uFJDtQOWgMZJJdfnVI4BVB0DftKXTsRmvAOXCSFrwQPzefbvKaq-96YdQ Fourth Group: 11890 SW Ann St. https://nis.nikonimagespace.com/html/guest/index.html?g=-_hhwQMEr-SASoC2GuEod8tMIqp9- uFJU0Q81Mw1svVfnVI4BVB0DftKXTsRmvAOXC5FrwQPzefbvKaq-96YdQ DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 4