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HomeMy WebLinkAboutNCC2025-0245 - Violator Letter 1 - 10-16-2025 M. I II TIGARD City of Tigard Thursday, October 16, 2025 VISWESH BHAT 9538 SW LANCASTER RD PORTLAND, OR 97219 Re: Code Compliance Request Record Number: NCC2025-0245 Dear VISWESH BHAT: This requests your cooperation in resolving a complaint that we have received regarding your property at 10490 SW CLYDESDALE PL 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: 6.02.620 General Provisions. (Livestock) 6.02.630 Keeping Livestock. 6.02.230 Scattering Rubbish. 6.02.240 Garbage and Putrescible Waste. 6.02.250 Offensive Wastes Prohibited. Specifically, it has been reported that the livestock facility (chicken coop) on your property is located in the setback. It has also been reported that livestock (chickens) not being maintained properly, creating a breeding ground for insects and rodents on your property. Please remove the livestock facility (chicken coop) from the setback and properly maintain the livestock on your property. 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. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov 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. 6.02.620 General Provisions. (Livestock) Livestock keepers must comply with all provisions of this title and any administrative rules for best practices determined applicable by the city. Failure to comply is declared to be a public nuisance in violation of this title.(Ord. 22- 09 §3) 6.02.630 Keeping Livestock. A. Complaints. Livestock keepers must respond to and remediate valid complaints in a timely manner. Valid complaints include, but are not limited to, the identifiable presence of vermin or noxious odors. B. Prohibited Animals. Roosters over three months old are prohibited. D. Other Livestock. 1. Livestock Care and Maintenance. a. Livestock keepers must contact a licensed veterinarian to examine any animal believed to have a disease contagious to animals (e.g., mange, eczema) or humans (e.g., ringworm, hepatitis, rabies). If an animal is affirmatively diagnosed, livestock keepers must comply with all veterinary instructions for care and confinement until the animal is declared free of disease. b. Animal feed must be stored in a lidded container and managed so as not to become a nuisance. c. No person may dye or color any fowl or rabbit under three months of age. 2. Livestock Facilities. Livestock must be kept within a livestock facility as defined in Section 6.02.010 and shown in Figure 6.02.2, and provided in Table 6.02.3. a. Livestock facilities must be kept in good repair and maintained in a manner that does not endanger the health or well-being of the livestock. b. Multiple species are allowed within a single facility. c. Runs or yards must be fenced with materials designed to safely contain the specific livestock being kept. d. Livestock must be kept within a shelter during non-daylight hours, as provided in Table 6.02.3. e. Shelters must be located a minimum of five feet away from all lot lines and public access easements and within a fenced run or yard. f. An individual shelter may be a maximum of 15 feet in height and 528 square feet in size. Multiple shelters may be provided. g. Shelters may or may not be permanently fixed to the ground. h. Shelters that are permanently fixed to the ground may not cause the lot to exceed the maximum lot coverage allowed in the base zone. Figure 6.02.2: Example of an Allowed Livestock Facility 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov 0/17 , c_itliro II IlL 0 li '-.1144, i1 40, r. I' I'. s it rt / 5' MIN\ /�'. rllustrot,on � not to scoie \ 1I /, /. -\ 1 /- PROPERTY LINE Table 6.02.3: Where Livestock are Allowed Location Livestock Facility Fenced Yard Time of Day Shelter Fenced Run (outside of fenced run) Daylight hours Allowed Allowed Allowed Non-daylight hours Required Prohibited Prohibited (Ord. 22-09 §3) 6.02.230 Scattering Rubbish. No person shall deposit upon public or private property any kind of rubbish, trash, debris, refuse, or any substance that would mar the appearance, create a stench or fire hazard, detract from the cleanliness or safety of the property or would be likely to injure a person or animal or damage a vehicle traveling upon a right-of-way. (Ord. 12-02 §1) 6.02.240 Garbage and Putrescible Waste. A. All solid waste receptacles, including, but not limited to, cans, containers and drop boxes, shall be maintained in a safe and sanitary condition by the customer. B. All putrescible solid wastes shall be removed from any premises at least once every seven days, regardless of whether or not confined in any container, compactor, drop box or other receptacle. (Ord. 12-02 §1) 6.02.250 Offensive Wastes Prohibited. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov No person shall have waste on property that is offensive or hazardous to the health or safety of others or which creates offensive odors or a condition of unsightliness. (Ord. 12-02 §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 NCC2025-0245. 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, 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