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HomeMy WebLinkAboutRe_ Case #NCC2025-0245 Rodent Complaint at 10490 SW Clydesdale Place from complainant 12-1-2025 From: Elizabeth Nrwton <thebazile@comcast.net> Sent: Sunday, November 30, 2025 5:12 PM To: Ken Ross Subject: Re: Case#NCC2025-0245 Rodent Complaint at 10490 SW Clydesdale Place Hi Ken, Hope you had an enjoyable Thanksgiving. I went by the property this afternoon and peered through the gaps in the fence. The footprint of the livestock operation next door has been reduced. I did count 11 chickens and two ducks so it doesn't look like they have cut back on the number of ducks/chickens. I also noticed that the area under the roof extension has been enclosed in black plastic. The tenants told me that there is what appears to be a heat lamp in that enclosure on whenever they look over the fence. The tenants also showed me burrow holes along the fence line on my property which are new. When the insulation came to do the demo last Wednesday, the found a rat in one of the traps in the crawl space -the first rat we have trapped. The rodent control technician is coming by again tomorrow afternoon to make sure everything is addressed before the new insulation is installed on Friday. I would like to meet the property owner on the site if he is still willing. I would like to know what is inside the black plastic enclosure and want to make sure I understand what he is requiring of his tenants and how he plans to monitor their compliance. Respectfully, Liz Sent from my iPad On Nov 25, 2025, at 8:32 AM, Ken Ross <kenro@tigard-or.gov>wrote: Good morning Liz, I wanted to follow up and let you know that the respondent has extended an offer to allow you to inspect the property directly.Whether you feel comfortable doing so is entirely up to you, and you would need direct authorization from the property owner before entering the property. If it would be helpful, I am willing to assist by mediating an exchange of information between both parties so that any questions or concerns can be addressed in a neutral and constructive manner. Please let me know how you would like to proceed. If you have any questions,feel free to call me at 503-718-2581. 1 Best regards, Ken From: Ken Ross Sent: Monday, November 24, 2025 4:48 PM To: 'Elizabeth Nrwton' <thebazile@comcast.net> Subject: RE: Case#NCC2025-0245 Rodent Complaint at 10490 SW Clydesdale Place Good afternoon Liz, I received your voicemail.We followed up with the respondent property owner and requested that he provide photographic evidence demonstrating compliance with the following requirements: Livestock Care and Maintenance 1. Evidence that all animal feed is stored in lidded containers and managed so as not to become a nuisance (§6.02.630(D)(1)(b)). 2. Confirmation that any valid complaints related to vermin or noxious odors have been addressed (§6.02.630(A)). Livestock Facilities 1. Photos showing that the chickens and ducks are kept within a livestock facility that is in good repair, safely contains the animals, and meets all size,fencing, and maintenance requirements(§6.02.630(D)(2)(a—h)). 2. Photos confirming that livestock are kept within a shelter during non-daylight hours (§ 6.02.630(D)(2)(d)). 3. Photos documenting the location of shelters, including evidence that they are at least five feet from all lot lines or public access easements (§6.02.630(D)(2)(e)). Food Storage and Waste Management 1. Photos documenting proper storage of feed, appropriate waste-removal practices, and any measures taken to prevent rodent attraction or harborage. Providing this documentation will help demonstrate compliance and address the concerns you raised. If you have any questions, please call me at 503-718-2581.Thank you for your continued patience and assistance. Best regards, Ken From: Ken Ross Sent: Monday, November 24, 2025 10:54 AM To: 'Elizabeth Nrwton' <thebazile@comcast.net> Subject: RE: Case#NCC2025-0245 Rodent Complaint at 10490 SW Clydesdale Place Good morning Liz, Thank you for the update. In answer to your questions,yes, all of the compliance requirements you mentioned are included in what we are monitoring.The respondent has already provided 2 inspection results from his contractor, and he has agreed to continue providing periodic updates that demonstrate compliance with both the rodent mitigation measures and applicable livestock code requirements. If you would like copies of the documentation the respondent has submitted,you may request them through the City's public records process at the following link: https://www.tigard-or.gov/community-support/public-records If you have any additional questions, please let me know.Thank you for your continued patience and assistance. Best regards, Ken From: Elizabeth Nrwton<thebazile@comcast.net> Sent: Sunday, November 23, 2025 7:42 PM To: Ken Ross<kenro@tigard-or.gov> Subject: Re: Case#NCC2025-0245 Rodent Complaint at 10490 SW Clydesdale Place Hi Ken, The Killers technician checked under the crawl space last Thursday and found no activity- no rats in the traps. The tenants have not observed any new activity in the yard since on of the bait boxes was moved. Their dog is still seems to be detecting their smell where the rats are moving around. The insulation in the crawl space is scheduled to be removed on Wednesday and completely replaced the following Friday. Cameras will be installed soon as well. We then will have done all we can to deter rodent activity on my property. I am wondering what the rodent control documentation revealed about rodent activity at 10490 SW Clydesdale Place. Did the property owner provide photos documenting compliance? Is the food being contained in a lidded container?Where are the livestock being fed?Are the livestock staying in the coop all night? Did you find out why there is a grow light/heat lamp on at night under the roof extension at the back of the house? I visited the property today and peered through the fence. It looks like they have moved the fenced area about 3 feet away from my fence. I observed about 10 chickens and two ducks. Hard to tell through the fence, but maybe a rooster as well. As we move forward, it would be helpful to know specifically what constitutes noncompliance so as we monitor the cameras we know what activity to report. I would also appreciate knowing that you are receiving regular updates on rodent activity and mitigation efforts. Respectfully, Liz Newton 3 Sent from my iPad On Nov 18, 2025, at 3:24 PM, Ken Ross <kenro@tigard-or.gov>wrote: Good afternoon Liz, We received your voice message. In addition to the pest control documentation we previously requested from the respondent,we will also require that they provide photos demonstrating compliance with all applicable livestock code requirements. If you have any questions, please call me at 503-718-2581.Thank you for your continued patience and assistance. Best regards, Ken From: Ken Ross Sent: Monday, November 17, 2025 4:20 PM To: 'Elizabeth Nrwton' <thebazile@comcast.net> Subject: RE: Case#NCC2025-0245 Rodent Complaint at 10490 SW Clydesdale Place Good afternoon Liz, Thank you for the update, photos, and documentation.We reached out to the reported property owner regarding taking steps to address a possible rodent breeding ground on his property. He has agreed to consult with a rodent specialist and provide documentation demonstrating compliance. If you have any additional questions, please call me at 503-718-2581. Best regards, Ken From: Elizabeth Nrwton<thebazile@comcast.net> Sent: Monday, November 17, 2025 3:41 PM To: Ken Ross<kenro@tigard-or.gov> Subject: Re: Case#NCC2025-0245 Rodent Complaint at 10490 SW Clydesdale Place Hi Ken, Hope you had a good weekend.Thanks for your prompt response. I want to report on the latest rodent activity on my property. My tenants reported more activity in the backyard over the last week. In the evening (until this weekend) rodents were observed coming out from under the deck, scampering across the yard by the deck, under the covered 4 outdoor grill, and around the house. Tenant also found a piece of insulation on the ground by the side of the house near a possible entry point. I attempted to take some pictures over the fence. There is netting attached at the top of the fence that goes across the yard making a canopy. Leaves from trees in the yard blanket the canopy making it impossible to see any activity. Peeking through the fence boards, I was able to take photos of large containers in the yard, one that contained a small amount of what looks like food pellets. The photos are below and illustrate the difficulty trying to monitor compliance of the activity from an abutting property. <image001.jpg> <image002.jpg> <image003.jpg> <image004.jpg> <image005.jpg> <image006.jpg> I looked at the photos you provided which show only a portion of the yard. The photo of the empty back corner doesn't show the ducks that are usually there and the photos don't show the section of the yard illustrated in the photos I provided. The Killers technician came out again on Thursday to check on the "changed activity." I forwarded his report in a separate email. He reports that the lack of bait consumption on my property is likely due to the presence of a chicken and duck coop located behind my residence, which is attracting rodents to that area instead. He also successfully sealed the possible rodent entry point my tenants identified -a vent that could be pushed in when pressure is applied providing enough of a small gap for a rodent to enter. He moved one of the bait traps closer to the newly sealed vents. He also replaced two mouse traps in the crawl space that were found flipped over. Due to the appearance of an overall increase in rodent activity in the backyard area, likely associated with the nearby chicken and duck coop, he recommends that the owner of that property consider initiating a pest control service to help manage and reduce the rodent population and prevent continuing activity in the surrounding area. My tenants have not observed any rodent activity in the backyard since the bait box/trap was moved and the potential access point was sealed on Thursday afternoon. Knee Insulation came on Friday, November 14 to check the crawl space. There is evidence of significant rodent activity within the insulation and a urine smell that indicates recent activity. It is recommended that I replace all of the insulation (which I just upgraded in 2020). I have forwarded the $2685.00 bid under separate email.As an aside, he also commented that based on the activity in my crawl space, it's likely that other abutting property owners have rodent activity in their crawl spaces, even if they haven't seen evidence. 5 At night, after dark, my tenants also have observed what appears to be a grow light under a small roof extension at the far side of the house. Is breeding of livestock allowed? Is butchering allowed?We are not sure what activity is taking place under the grow lights. Because we are responsible for demonstrating compliance, I am investing in cameras to be mounted on my property to record activity on the abutting property, especially at night. I appreciate your attention to this situation. I have done everything professionals have recommended to try to deter rodent activity on my property. It is disheartening to be told by both the pest control and insulation professionals that unless there is rodent control on the property where there are chickens and ducks, we will likely continue to have challenges. I respectfully request that the property owners at 10490 SW Clydesdale be required to immediately have a rodent evaluation on the property, conduct necessary any mitigation and undergo regular monitoring. Respectfully, Liz Newton Property Owner 12300 SW 106th Drive Tigard, Oregon 97223 On Nov 10, 2025, at 11:54 AM, Elizabeth Nrwton <thebazile@comcast.net>wrote: Hi Ken, Thanks for your quick follow-up and attention to this matter. I look forward to hearing back from you regarding compliance. Respectfully, Liz Newton Sent from my iPad On Nov 10, 2025, at 11:28 AM, Ken Ross <kenro@tigard-or.gov>wrote: Hi Liz, As I previously indicated, I spoke with the reported property owner today, and he agreed to address the reported concerns and provide 6 photos demonstrating compliance. If the livestock facility setback violation has not been addressed by the end of the week, please let me know so I can follow up. Regarding the other reported concerns, these are more difficult to enforce. As you noted, several of the reported concerns are unconfirmed or speculative in nature. In order to escalate enforcement, particularly if the reported property owner provides documentation and photos demonstrating compliance, the complainant would also need to provide documentation and photos demonstrating non-compliance. To establish a nexus between rodent activity and potential code violations under Section 6.02.010.H, evidence would need to show,for example, that food is not being stored properly or that waste is not being removed in a timely manner, creating a breeding ground for insects or rodents. Photos of the reported property that demonstrate non-compliance would allow me to follow up specifically with the property owner. If you have such photos or documentation, please provide them so I can take the next steps. If you have any questions, please call me at 503- 718-2581.Thank you for your continued patience and assistance. Best regards, Ken Original Message From: Elizabeth Newton <thebazile@comcast.net> Sent: Monday, November 10, 2025 11:15 AM To: Ken Ross <kenro@tigard-or.gov> Subject: Re: Case#NCC2025-0245 Rodent Complaint at 10490 SW Clydesdale Place Good morning Ken, Thanks for your prompt response and follow-up. I have asked my tenants to continue to monitor rat activity with specific time and place information and they have agreed to do so. Frankly, at this point, I am more concerned about the operation violating Municipal Code Section 6.02.010.H - Common Nuisances - which prohibits a person from causing a nuisance affecting the public health including livestock maintained in such a place that they are offensive or annoying to the residents within the immediate vicinity or maintaining the presence in such a manner to be a breeding place for rats.... What is the new timeline for compliance? How do you evaluate compliance with Section 6.02.010.H - Nuisances affecting public health? Our pest control technician was not very encouraging that even if we do everything we can on my property to deter the rats, it will be challenging to see improvement if existing conditions remain. Pease advise as to new timeline for compliance and how compliance with Section 6.02.010.H will be evaluated. Respectfully, Liz Newton Sent from my iPhone 8 On Nov 10, 2025, at 10:14 AM, Ken Ross <kenro@tigard-or.gov> wrote: Good morning Liz, Thank you for the follow-up and for providing such detailed information. I spoke with the reported property owner. He agreed to address the reported concerns, particularly the location of the livestock facility(chicken coop) in proximity to the fence. He also indicated that he has previously taken measures to ensure that his tenants are in compliance regarding the storage of food and waste and, with perhaps the exception of the location of the livestock facility, he believes that his tenants are in compliance with the livestock code requirements. However, he agreed to follow up and ensure that his tenants are in compliance with the Tigard Municipal Code. If you have any questions, please call me at 503-718-2581. Thank you for your continued patience and assistance. Best regards, Ken Original Message From: Elizabeth Nrwton <thebazile@comcast.net> Sent: Sunday, November 9, 2025 5:31 PM To: Code Compliance <CodeCompliance@tigard- or.gov> 9 Subject: Case#NCC2025-0245 Rodent Complaint at 10490 SW Clydesdale Place [You don't often get email from thebazile@comcast.net. Learn why this is important at https://aka.ms/LearnAboutSender Identification ] Dear Mr. Ross, I am in receipt of your letter dated October 16, 2025. By my calculation, twenty days from the receipt of the letter by the property owner is November 5, 2025. My tenant and I looked over the fence from my property at the backyard at 10490 SW Clydesdale Place on November 6th and, although the yard was covered in leaves, we did not notice much change on the property. My tenants moved in on October 14, 2023 and have noticed a steady increase in both the number of chickens and ducks in the yard at 10490 SW Clydesdale Place and expanse of the operation which now covers the entire backyard.There have been as many as 13 chickens at once. Periodically there are roosters which are fully grown - as many as three have been observed at once. (A violation of 6.02.630.B.) Municipal Code Section 6.02.630 D.1.b states "animal feed must be stored in a lidded container and managed so as not to become a nuisance."We are not able to is confirm whether or not the feed is in a lidded container, but the residents have been observed throwing food from the second door deck off of the kitchen down to the livestock and their is feed scattered across the expanse of the backyard. Municipal Code 6.02.630.D.2.d requires "livestock kept within a shelter during no daylight hours." We can't confirm whether or not this is occurring. We have observed a coop right up against the fence and, at another time, one in the middle of the yard. At this time, there appears to be at least a partial structure within 5 feet of the property line. None of the coops looked large enough to house all of the livestock observed most of the time. Section 6.02.030.A of the Tigard Municipal Code provides "presence of vermin" as a valid complaint regarding the keeping of livestock. My tenants regularly see skunks and raccoons in the backyard, especially at night. In the last 6 months, my tenants have noticed a steady increase of rats in their yard. Rats are regularly observed running along the fence rail at night and under the fence into ivy on the abutting property, 12330 SW 106th Drive. In July 2025, a rat nest was found on the lower shelf of their covered grill on the deck. Things escalated around October 1st of this year. 11 Around that date, my tenant noticed what they thought was mice droppings next to the garbage can under the sink in the kitchen. A couple of days later, a rat was observed running across the kitchen floor into the adjacent play room and behind furniture toward the wall abutting the garage. The regularly quarterly visit from the pest control company (The Killers)was scheduled a few days later. My pest control plan didn't include rodent control so I paid the additional$125 to upgrade. Within two days, the technician was back to inspect the house for rodent activity. On October 9, the pest control technician checked under the kitchen sink, the area around the pantry cupboard and the crawl space under the house. He noted recent rat droppings under the house, and evidence of activity under the kitchen sink and in the pantry cupboard and playroom. He set traps under the kitchen sink, in the playroom and in the crawl space. He identified some small openings around pipes and vents that needed to be sealed. He also placed four rat trap/boxes strategically around the yard. I got permission from the property owner at 12330 SW 106th Drive for the technician to check out the ivy against the fence on their property. He noted definite signs of rat burrowing and nesting. He also suggested that a wood pile which was covered in moss be removed from their property, due to nesting concerns. 12 Over the next week, my tenants did a major cleaning of the house. Everything was moved, washed and sanitized. Because they have small children, I paid for them to spend nights at a nearby hotel. They found rat feces and urine in the primary bedroom and closet, the living room, dining room, entry and hallway along with the playroom and kitchen. They invested approximately$400.00 in storage containers for food in the pantry cupboard. On a return visit, the technician commented on the thorough job they had done cleaning and "rat proofing"the house. The technician returned every week through November 6th to check activity. After two weeks of no new activity, most of the small holes were sealed up. On November 6th, the technician checked the crawl space and the rat traps and found no new evidence of rats inside the house. He checked the outside rat trap/boxes and found evidence that the bait had been eaten meaning there are rats in the yard. The technician said that we have done everything we can to keep rats out of the house. (My tenants even got a dog a couple of weeks ago!) He also said it will be challenging to keep rats out of the yard as long as there are chickens and ducks are on the other side of the back fence. In the last week, after doing everything we can to deter rat activity, more rat holes have appeared in both the front and back yard, rats have been 13 observed on the back fence rails and several rats were observed going under a covered barbecue. Upon inspection by my tenants, they don't seem to be nesting there. The resident at 12330 is a 97 year old widow. She is currently in rehab after breaking her hip, so her home is empty.A week ago, her daughter had the ivy cleared and wood pile removed. Her home has not been inspected for rat activity. The property owner at 12325 SW 106th Drive has observed rats on her backyard camera, but none in her home yet. The property owners at 10520 SW Clydesdale (in their mid-80's) have not noticed rat activity in their house, but they asked me to add their names to this complaint(Roger and Marilyn Lindquist) because they are concerned about the increased activity and whether or not there are violations. Tigard Municipal Code Section 6.02.010 Common Nuisances reads: "No person shall cause or permit a nuisance affecting the public health. The following are nuisances affecting the public health. H. Animals, including livestock, or buildings for the purpose of maintaining livestock or animals maintained in such places or such a manner that they are offensive or annoying to the residents within the immediate vicinity, or maintaining the presence in such a manner as to be a breeding place for rodents, flies or other pests." 14 Several sources on the Internet confirm that rats can carry a variety of diseases that can be harmful to humans. My tenants and I, along with property owner at 12330 SW 106th Drive (residents within the immediate vicinity) have invested time and money to do what we can to deter rat activity on our properties. Clearly, the livestock operation is in violation of TMC Section 6.02.010 H. And likely in violation of 6.02.630. I request that conditions be addressed at 10490 SW Clydesdale Place and the operation be brought into compliance immediately. Respectfully, Liz Newton Property Owner 12300 SW 106th Drive Tigard, Oregon 97223 Sent from my iPad 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 15 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." 16