HomeMy WebLinkAboutViolator Letter 1 - 7-3-2017 1 . 1
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TIGARD
City of Tigard
July 03, 2017
Sn Properties Partnership
1121 Sw Salmon St
Portland, Or 97205
RE: Code Compliance Record Number: NCC2017-00096
Dear Sn Properties Partnership:
This requests your cooperation in resolving a complaint that we have received
regarding your property at 16230 SW PACIFIC HWY 160, TIGARD, OR 97224 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:
6.02.440 Prohibited Noises (Other)
6.02.430 Noise Limits
Specifically, it has been reported that there is an excessive noise disturbance at your
property during early morning deliveries associated with Biscuit's Cafe at Tigard
Towne Square. Please discontinue any activity which causes excessive noise at your
property.
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
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
maintenance, as well as a description of the city's code compliance process.
6.02.440 Prohibited Noises (Other)
6.02.430 Noise Limits
It is unlawful for any person to produce, or permit to be produced, sounds
which:
A. When measured at the boundary of or within a property on which a
noise-sensitive unit, not the source of the sound, is located, exceeds:
1. 40 dB at any time between 10 p.m. and 7 a.m. the following day, or
2. 50 dB at any time between 7 a.m. and 10 p.m. the same day; or
B. Is plainly audible at any time between 10 p.m. and 7 a.m. the following day
within a noise-sensitive unit which is not the source of sound; or
C. Is unnecessarily loud within a noise-sensitive unit which is not the source of
the sound;
D. When measured at or within the boundary of or within a property on which
no noise-sensitive unit is located, and the noise originates from outside the
property, the noise level exceeds:
1. 60 dB at any time between 10 p.m. and 7 a.m. of the following day, or
2. 75 dB at any other time;
E. If within a park, street or other public place, is unnecessarily loud at a
distance of 100 feet.
6.02.440 Prohibited Noises
B. Except as provided in Section 6.02.450, the following acts are violations of
this article if they exceed the noise limits specified in Section 6.02.430:
9. Any other action that creates or allows sound in excess of the level allowed
by Section 6.02.430.
6.02.430 Noise Limits
It is unlawful for any person to produce, or permit to be produced, sounds
which:
A. When measured at the boundary of or within a property on which a
noise-sensitive unit, not the source of the sound, is located, exceeds:
1. 40 dB at any time between 10 p.m. and 7 a.m. the following day; or
2. 50 dB at any time between 7 a.m. and 10 p.m. the same day; or
B. Is plainly audible at any time between 10 p.m. and 7 a.m. the following day
within a noise-sensitive unit which is not the source of sound; or
C. Is unnecessarily loud within a noise-sensitive unit which is not the source of
the sound
E. If within a park, street, or other public place, is unnecessarily loud at a
distance of 100 feet.
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 NCC2017-00096. 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