HomeMy WebLinkAboutRe_ Case #NCC2025-0245 Rodent Complaint at 10490 SW Clydesdale Place from complainant 12-8-2025 From: Elizabeth Nrwton <thebazile@comcast.net>
Sent: Monday, December 8, 2025 7:22 PM
To: Ken Ross
Subject: Re: Case#NCC2025-0245 Rodent Complaint at 10490 SW Clydesdale Place
Ken,
Thank you for sending the photos provided by the property owner. The pictures did not show the whole
site. Didn't show any chickens, ducks or whether or not all of the food is being appropriately contained. I
have requested all of the records related to this complaint but haven't received the requested records
yet.
My interest in meeting with the property owner is primarily to get an understanding of how he intends to
ensure that the tenants comply with the code and his expectations in that regard. It would be helpful to
know that since I bear the burden of proving noncompliance. As I have noted before, we will be mounting
cameras that that will help us monitor compliance.
I went by my property today to meet the rodent control technician. No new rodent activity has been
observed and all of the possible entry points into the house have been sealed.The insulation under the
house will be replaced soon and the insulation in the attic will be checked soon as well. I did peek over
the fence. It was raining pretty hard. I didn't see any livestock but maybe they were under cover?Also,
the property was covered in leaves so I couldn't see any evidence of food or feces.
If you have any documentation related to how the property owner specifically will ensure compliance, I
would appreciate a copy.
I will follow up with you again after I receive the records I have requested.
Respectfully.
Liz
Sent from my iPad
On Dec 2, 2025, at 1:29 PM, Ken Ross <kenro@tigard-or.gov>wrote:
Good afternoon Liz,
I received your voicemail update,thank you for keeping me informed.
Below is an update from the respondent regarding your previous request. I should have photos to
share with you soon once they are resent to me.
1
Respondent Update:
They have contracted with a pest control company,which has already visited the property and is
scheduled to return this week.The tenant is in the process of rehoming the livestock,with a plan to
reduce the number of animals to four chickens.This process is being handled humanely, and the
tenant has been given a firm timeline,with continuation of tenancy contingent on meeting that
requirement.The respondent is also willing to speak with you, limited to matters related to code
compliance.
Thank you for your continued patience and assistance. If you have any questions, please feel free
to call me at 503-718-2581.
Best regards,
Ken
Per your suggestion I've contracted with a pest control company.They were on site
previously and are on the calendar to come back this week.
As evident in the complainant's statement,
"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"
Tenant is in the process of rehoming his pets. This is an ongoing process and is being done
humanely so they are not sent to slaughter. Tenant has been advised to reduce the size of
his livestock to 4 chickens which is consistent with what the city of Portland and Beaverton
allow.
Tenant has been advised on a firm timeline to accomplish the reduction in the number of
pets. Tenant has been made aware that their continuation of tenancy is contingent on the
above goal.
I am willing to speak to the property owner, but would like to restrict our conversation with
regards to code compliance.
From: Ken Ross
Sent: Monday, December 1, 2025 8:26 AM
To: Elizabeth Nrwton<thebazile@comcast.net>
Subject: RE: Case#NCC2025-0245 Rodent Complaint at 10490 SW Clydesdale Place
Good morning Liz,
I hope you had a nice Thanksgiving as well.Thank you for the update.
I followed up with the respondent regarding your questions and your request to meet on-site. I will
relay their response to you as soon as I hear back from them.
If you have any questions in the meantime, please call me at 503-718-2581.Thank you for your
continued patience and assistance.
Best regards,
Ken
2
From: Elizabeth Nrwton<thebazile@comcast.net>
Sent: Sunday, November 30, 2025 5:12 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 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.
3
Please let me know how you would like to proceed. If you have any questions,feel
free to call me at 503-718-2581.
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
4
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 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.
5
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
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
6
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 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
7
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.
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,
8
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@tgard-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
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
9
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
11:15AM
To: Ken Ross <kenro@tigard-
o r.gov>
Subject: Re: Case#NCC2025-
0245 Rodent Complaint at 10490
SW Clydesdale Place
is
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.
11
Respectfully,
Liz Newton
Sent from my iPhone
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.
12
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
N rwto n
<thebazile@comcas
t.net>
Sent: Sunday,
November 9, 2025
5:31 PM
To: Code
Compliance
<CodeCompliance
@tgard-or.gov>
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
13
https://aka.ms/Lear
nAboutSenderidentif
ication ]
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
14
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 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
15
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.
Around that date,
my tenant noticed
what they thought
was mice droppings
next to the garbage
16
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
17
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.
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
18
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
19
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
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
20
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."
Several sources on
the internet confirm
that rats can carry a
21
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
22
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23