HomeMy WebLinkAboutViolator Letter 1 - 6-11-2025 1 . 1
TIGARD
City of Tigard
June 11, 2025
Anthony, Greg A
Donovan, Jess
11715 Sw Summer Crest Dr
Portland, OR 97223
RE: Code Compliance Record Number: DCC2025-00026
Dear Anthony, Greg A:
This requests your cooperation in resolving a complaint that we have received
regarding your property at 11715 SW BURLCREST DR, 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:
14.16.040 Application of Titles 14 and 18.
14.04.030 State Codes Adopted
14.04.090 Violation—Penalty—Remedies.
18.20.030 Land Use Applications and Development Permits.
18.20.040 Violations.
105.1 Required Permits
18.760.030 Approval Process.(Home Occupations)
18.760.050 General Provisions. (Home Occupations)
18.760.070 Conditions of Approval. (Home Occupations)
5.04.040 Prohibited Business Operation.
5.04.050 One Act Constitutes Doing Business.
5.04.190 Penalties.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
Specifically, it has been reported that development and construction involving a house
remodel and garage conversion associated with a home business operation is
occurring on your property without land use approval and building permits.
Please obtain land use approval and building permits for development and
construction on your property.
If you have any questions regarding land use approval or the permitting process,
please contact:
City of Tigard Planning Division
Phone: (503) 718-2421
Email: tigardplanneronduty@tigard-or.gov
City of Tigard Building Division
Phone: (503) 718-2439
Email: tigardbuildingpermits@tigard-or.gov
In person: 13125 SW Hall Blvd, Tigard, OR 97223
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.
14.16.040 Application of Titles 14 and 18.
Any alterations to buildings, or changes of their use, which may be a result of
the enforcement of this chapter shall be done in accordance with applicable
Sections of Title 14 (Buildings and Construction) and Title 18 (Zoning) of the
Code of the City of Tigard.
(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
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
Structural, Mechanical, Plumbing, Electrical and Residential Specialty Codes;
mobile or manufactured dwelling parks requirements; temporary parks
requirements; manufactured dwelling installation, support and tiedown
requirements and park or camp requirements (as listed in ORS 455.153);
14.04.090 Violation—Penalty—Remedies.
A. No person shall erect, construct, enlarge, alter, repair, move, improve,
remove, convert, demolish, equip, occupy or maintain a building or structure in
the city, or cause the same to be done contrary to or in violation of this
chapter.
B. No person shall install, alter, replace, improve, convert, equip or maintain
any mechanical equipment or system in the city, or cause the same to be done
contrary to or in violation to this chapter.
C. No person shall install, alter, replace, improve, convert, equip or maintain
any plumbing or drainage piping work or any fixture or water heating or treating
equipment in the city, or cause the same to be done contrary to or in violation
of this chapter.
D. No person shall install, alter, replace, improve, convert, equip or maintain
any electrical equipment or system in the city, or cause the same to be done
contrary to or in violation of this chapter.
E. Violation of a provision of this chapter shall be subject to an administrative
civil penalty of not more than $5,000 for each offense or, in the case of a
continuing offense, not more than $1,000.00 for each day of the offense and
shall be processed in accordance with the procedures set forth in Section
14.04.095.
F. Each day that a violation of a provision of this chapter exists constitutes a
separate violation.
G. Notwithstanding the other remedies in this chapter, if the building official
determines that any building under construction, mechanical work, electrical
work, or plumbing work on any building or any structure poses an immediate
threat to the public health, safety or welfare, he or she may order the work
halted and the building or structure vacated pending further action by the city
and its legal counsel.
H. The penalties and remedies provided in this section are not exclusive and
are in addition to other penalties and remedies available under city ordinance
or state statute, except that violations of this chapter shall not be charged as
civil infractions and prosecuted in Tigard Municipal Court.
(Ord. 90-08 §4; Ord. 95-16; Ord. 09-16 §1)
18.20.030 Land Use Applications and Development Permits.
A. Land use applications. An applicant who proposes a use or development that
is governed by this title must obtain approval of all required land use
applications prior to establishment or construction. New development, changes
to existing development, and changes in the type or number of uses may
require a land use approval.
B. Development permits. An applicant who proposes a use or development
governed by this title must obtain approval of all required development permits
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
prior to establishment or construction. New development, changes to existing
development, and changes in the type or number of uses may require a permit.
C. Certificate of occupancy. A structure or use may not be used or occupied
for the purposes provided in the development permit until the city has issued a
certificate of occupancy. Prior to the final completion of all work, a certificate
of occupancy may be issued for a portion of the structure conditioned upon
further work being completed by a date certain.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 22-06 §2)
18.20.040 Violations.
A. Violations. It is unlawful to violate any provisions of this title including but not
limited to provisions relating to a land use approval or conditions of land use
approval. Erection, construction, alteration, maintenance, or use of any
building or structure in violation of this title; or use, division, or transfer of any
land in violation of this title is prohibited. Each violation of a separate provision
of this title constitutes a separate infraction, and each day that a violation of
this title is committed or continued constitutes a separate infraction.
B. Responsible party. The responsible party is the person responsible for
curing or remedying a violation, which includes:
1. The owner of the property, or the owner's manager or agent or other person
in control of the property on behalf of the owner;
2. The person occupying the property, including bailee, lessee, tenant, or other
person having possession; or
3. The person who is alleged to have committed the acts or omissions, created
or allowed the condition to exist, or placed the object or allowed the object to
exist on the property.
C. Enforcement. In any case where a violation of this title occurs, such
violation constitutes a nuisance and a Class I Civil Infraction as provided in Title
6 of the Tigard Municipal Code. The city may remedy the violation by any
appropriate means necessary as allowed by the municipal code and available
to the city.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 22-06 §2)
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
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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.
18.760.030 Approval Process.(Home Occupations)
A. Type I home occupations. A Type I home occupation application is
processed through a Type I procedure, as provided in Section 18.710.050.
B. Type II home occupation permit. A Type II home occupation application is
processed through a Type II procedure, as provided in Section 18.710.060.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 19-09 §1; Ord. 20-01 §1)
18.760.050 General Provisions. (Home Occupations)
All home occupations except legal nonconforming home occupations must
comply with all of the following in addition to the approval standards for Type I
and Type II home occupations provided in Section 18.760.060.
A. Home occupations may be undertaken only by a principal occupant of a
dwelling unit.
B. Deliveries to the residence by suppliers are limited to 3 per week.
C. The home occupation must comply with all provisions of Title 6 of the Tigard
Municipal Code.
D. The home occupation must be operated entirely within the dwelling unit or a
conforming accessory structure. The maximum square footage used for the
home occupation and associated storage of materials and products is 25
percent of the combined residence and accessory structure floor area or 528
square feet, whichever is smaller. All indoor storage of materials or products
must meet the provisions of the building, fire, health, and housing codes.
E. A home occupation may not necessitate a change in the state building code
use classification of a dwelling unit. Any accessory building that is used must
meet building code requirements.
F. A dwelling unit may have more than one home occupation, provided that the
combined floor area used for the home occupations does not exceed the
square footage limitation imposed in Subsection 18.760.040.D. Each home
occupation must apply for a separate home occupation permit, if required by
this chapter.
G. The following activities are prohibited as part of a home occupation:
1. Storage or distribution of toxic, flammable, or explosive materials, and
2. Spray painting or spray finishing operations that involve toxic or flammable
materials that in the judgment of the fire marshal pose a dangerous risk to the
residence, its occupants, or surrounding properties.
H. Additional parking is not required for home occupations.
I. The following activities are not allowed as home occupations:
1. Motor vehicle repair and painting;
2. Mechanical repair conducted outside of an entirely-enclosed building;
3. Junk and salvage operations; and
4. Storage or sale of fireworks.
J. Exterior storage of commercial vehicles, as defined in the Oregon Vehicle
Code, is prohibited, except that 1 commercially licensed vehicle of not more
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
than 0.75 ton gross vehicle weight (GVW) may be parked outside of a
structure.
(Ord. 19-09 §1; Ord. 20-01 §1)
18.760.070 Conditions of Approval. (Home Occupations)
The approval authority may impose conditions upon the approval of a Type II
home occupation permit to ensure compliance with the requirements of this
chapter. These conditions may include, but are not limited to, the following:
A. Further limiting the hours, days, place, and manner of operation;
B. Requiring site and building design features that minimize environmental
impacts such as noise, vibration, air pollution, glare, odor, and dust;
C. Requiring additional building setbacks, or increased lot area, depth, or
width;
D. Further limiting the building area and outdoor storage used by the home
occupation and restricting the location of the use on the site in relationship to
adjoining uses;
E. Designating the size, number, location, and design of vehicle access points;
F. Requiring street right-of-way to be free at all times of vehicles parked in
association with the home occupation;
G. Requiring landscaping, buffering, or screening of the home occupation from
adjoining uses and establishing standards for the continued maintenance of
these improvements;
H. Requiring storm drainage improvements and surfacing of parking and
loading areas;
I. Limiting the extent and type of interior or exterior building remodeling
necessary to accommodate the home occupation;
J. Limiting or setting standards for the location and intensity of outdoor lighting;
K. Requiring and designating the size, height, and location of fences and
materials used for their construction;
L. Requiring the protection and preservation of existing trees, vegetation,
watercourses, slopes, wildlife habitat areas, and drainage areas;
M. Limiting the type and number of vehicles or equipment to be parked or
stored on the site; or
N. Any other limitations that the approval authority considers to be necessary
or desirable to make the use comply with the purposes of this chapter and the
underlying base zone.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 19-09 §1)
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
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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
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. 88-13 §1; Ord. 07-15)
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.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
• 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 DCC2025-00026. 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