HomeMy WebLinkAboutDCC2025-0046 - Violator Letter 1 - 12-3-2025 M1I
II
TIGARD
City of Tigard
Wednesday, December 3, 2025
ST ANTHONY CATHOLIC CHURCH TIGARD OREGON
9905 SW MCKENZIE ST
TIGARD OR 97223
Re: Code Compliance Request Record Number: DCC2025-0046
Dear ST ANTHONY CATHOLIC CHURCH TIGARD OREGON:
This requests your cooperation in resolving a complaint that we have received regarding
your property at 9905 SW MCKENZIE ST 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:
14.16.040 Application of Titles 14 and 18.
14.04.030 State Codes Adopted.
14.04.090 Violation—Penalty—Remedies.
18.20.030 Land Use Applications and Development Permits.
18.20.040 Violations.
2025 Oregon Structural Specialty Code (OSSC)
105.1 Required Permits
406.2.1 Automatic garage door openers and vehicular gates .
3110 Automatic Vehicular Gates
3110.1 General
3310.2 Vehicular gates intended for automation.
3110.3 Vehicular gate openers
Specifically, it has been reported that two automatic vehicular gate systems have been
installed on your property without obtaining the required land use approvals or building
permits. The installation appears to be non-compliant with Oregon building and fire
codes, including the 2025 Oregon Structural Specialty Code (OSSC), the 2025 Oregon
Fire Code (OFC), and the referenced UL 325 and ASTM F2200 safety standards.
Observed deficiencies include:
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
• Lack of UL 325-required entrapment protection devices (e.g., photo eyes, safety
edges) in both directions of gate travel.
• Absence of gate mesh or protective screening to eliminate pinch points, exposing
potential hazards below 8 feet.
• Activation devices positioned within six feet of the moving gate, contrary to safety
requirements.
These deficiencies create significant safety risks and must be corrected to meet all
applicable state and local code requirements.
Please obtain all required land use approvals and building permits for the installation of
the automatic vehicular gate systems at this property. The permits must ensure that the
gates are installed in full compliance with the 2025 Oregon Structural Specialty Code
(OSSC), the 2025 Oregon Fire Code (OFC), and the referenced UL 325 and ASTM
F2200 safety standards, including proper entrapment protection devices, pinch point
protection, and correct placement of activation controls. All work must be inspected and
approved by the appropriate city and state authorities before the gates are used.
If you have any questions regarding land use approval or the permitting process, please
contact:
City of Tigard Planning Division
Phone: (503) 718-2421
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.
14.16.040 Application of Titles 14 and 18.
Any alterations to buildings, or changes of their use, which may be a result of the
enforcement of this chapter shall be done in accordance with applicable Sections of
Title 14 (Buildings and Construction) and Title 18 (Zoning) of the Code of the City of
Tigard.
(Ord. 99-02)
14.04.030 State Codes Adopted.
A. Except as otherwise provided in this chapter, the following codes, standards and
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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);
14.04.090 Violation—Penalty—Remedies.
A. No person shall erect, construct, enlarge, alter, repair, move, improve, remove,
convert, demolish, equip, occupy or maintain a building or structure in the city, or
cause the same to be done contrary to or in violation of this chapter.
B. No person shall install, alter, replace, improve, convert, equip or maintain any
mechanical equipment or system in the city, or cause the same to be done contrary to
or in violation to this chapter.
C. No person shall install, alter, replace, improve, convert, equip or maintain any
plumbing or drainage piping work or any fixture or water heating or treating
equipment in the city, or cause the same to be done contrary to or in violation of this
chapter.
D. No person shall install, alter, replace, improve, convert, equip or maintain any
electrical equipment or system in the city, or cause the same to be done contrary to or
in violation of this chapter.
E. Violation of a provision of this chapter shall be subject to an administrative civil
penalty of not more than $5,000 for each offense or, in the case of a continuing
offense, not more than$1,000.00 for each day of the offense and shall be processed in
accordance with the procedures set forth in Section 14.04.095.
F. Each day that a violation of a provision of this chapter exists constitutes a separate
violation.
G. Notwithstanding the other remedies in this chapter, if the building official
determines that any building under construction, mechanical work, electrical work, or
plumbing work on any building or any structure poses an immediate threat to the
public health, safety or welfare, he or she may order the work halted and the building
or structure vacated pending further action by the city and its legal counsel.
H. The penalties and remedies provided in this section are not exclusive and are in
addition to other penalties and remedies available under city ordinance or state
statute, except that violations of this chapter shall not be charged as civil infractions
and prosecuted in Tigard Municipal Court.
(Ord. 90-08 §4; Ord. 95-16; Ord. 09-16 §1)
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
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
to establishment or construction. New development, changes to existing
development, and changes in the type or number of uses may require a land use
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)
2025 Oregon Structural Specialty Code (OSSC)
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.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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.
406.2.1 Automatic garage door operators and vehicular gates
Where provided, automatic garage door operators shall be listed and labeled in
accordance with UL 325. Where provided, automatic vehicular gates shall comply
with Section 3110.
3110 Automatic Vehicular Gates
3110.1 General
Automatic vehicular gates shall comply with the requirements of Sections 3110.2 and
3110.3 and other applicable sections of this code.
3310.2 Vehicular gates intended for automation.
Automatic vehicular gates shall comply with the requirements of Sections 3110.2 and
3110.3 and other applicable sections of this code.
3110.3 Vehicular gate openers
Vehicular gate openers, where provided, shall be listed in accordance with UL 325.
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 DCC2025-0046. 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
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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