HomeMy WebLinkAboutDCC2025-0036 - Violator Letter 1 - 10-8-2025 M. I
II
TIGARD
City of Tigard
Wednesday, October 8, 2025
GREG AANTHONY & JESS DONOVAN
11715 SW SUMMER CREST DR
TIGARD, OR 97223
Re: Code Compliance Request Record Number: DCC2025-0036
Dear GREG A ANTHONY & JESS DONOVAN:
This requests your cooperation in resolving a complaint that we have received regarding
your property at 11715 SW BURLCREST DR 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:
6.02.140 Accessory Structures.
18.40.070 Setbacks.
18.290.050 Accessory Structures.
18.20.030 Land Use Applications and Development Permits.
18.20.040 Violations.
14.04.030 State Codes Adopted.
105.1 Required Permits
Specifically, it has been reported that there an oversized accessory structure shed has
been erected in the setback of your property without land use approval and building
permits.
Please remove the oversized accessory structure shed from the setback on your
property or obtain land use approval and building permits.
If you have any questions regarding land use approval or the permitting process, please
contact:
City of Tigard Planning Division
Phone: (503) 718-2421
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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.
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. 12-02 §1; Ord. 20-03 §7)
18.40.070 Setbacks.
Setbacks are measured from the corresponding property line unless otherwise
stated. For example, a side setback is measured from a side property line.(Ord.
17-22 §2; Ord. 18-23 §2; Ord. 22-06 §2)
18.290.050 Accessory Structures.
Accessory structures are allowed on all lots with small form residential
development subject to the following standards:
A. The maximum size of accessory structures is 528 square feet on lots less than
2.5 acres and 1,000 square feet on lots 2.5 acres or larger;
B. The maximum height of accessory structures is 15 feet;
C. Accessory structures may not cause the lot to exceed the maximum lot
coverage allowed in the base zone;
D. Accessory structures are prohibited in the required front setback; and
E. Accessory structures may be located in the required side, street side, or rear
setback provided they are a minimum of five feet from the side, street side, or
rear property lines, except for garages and carports, which are subject to specific
setback standards for the side of the structure designed for vehicle access, as
provided in Table 18.290.1.
(Ord. 18-23 §2; Ord. 18-28 §1; Ord. 22-06 §2)
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
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
approval.
B. Development permits. An applicant who proposes a use or development
governed by this title must obtain approval of all required development permits
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)
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
requirements; manufactured dwelling installation, support and tiedown
requirements and park or camp requirements (as listed in ORS 455.153);
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
2. Appendix Chapter J of the International Building Code, as published by the
International Code Council, regarding excavation, including the recognized
standards for Appendix Chapter J listed in Chapter 35 of the International
Building Code;
3. Section 104.8 of the International Building Code, as published by the
International Code Council, regarding liability;
4. AN109.4.2 through AN109.4.3 of the State of Oregon Structural Specialty
Code for alternate fire sprinkler system requirements.
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 DCC2025-0036. 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.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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,
Ken Ross
Code Compliance
City of Tigard
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov