HomeMy WebLinkAboutViolator Letter 1 - 7-15-2024 1 . 1
TIGARD
City of Tigard
July 15, 2024
12562 Main St LIc
By George Diamond
2839 Sw 2nd Ave
Portland, OR 97201
RE: Code Compliance Record Number: DCC2024-00145
Dear 12562 Main St LIc:
This requests your cooperation in resolving a complaint that we have received
regarding your property at 12562 SW MAIN ST 100, TIGARD, OR 97223 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:
15.16.010 Encroachments Within Rights-of-Way and Public Property.
15.16.100 Enforcement. (Encroachment)
18.20.030 Land Use Applications and Development Permits.
18.20.040 Violations.
18.435.015 Definitions. (Signs)
18.435.020 Permits. (Signs)
18.435.070 Prohibited Signs.
18.435.100 Temporary Signs.
18.435.130 Base Zone Regulations. (MU-CBD and TMU Zones)
6.02.160 Signs.
Specifically, it has been reported that signs are displayed on or adjacent to your
property in the public right-of-way without permit.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
Please obtain sign permits by contacting the City of Tigard Planner on Duty at
503-718-2421, tigardplanneronduty@tgard-or.gov or in person at 13125 SW Hall
Blvd, in Tigard, Oregon.
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.
15.16.010 Encroachments Within Rights-of-Way and Public Property.
A. Encroachment Permits Required. It is unlawful for any person to erect, or
cause to be erected, any encroachment in, over, or upon any right-of-way or
public property without having first obtained an encroachment permit from the
city engineer authorizing such action.
B. Application and Fee Required.
1. Any person proposing to locate or maintain an encroachment within any
right-of-way or public property must submit an application to the city engineer.
The application will include a description of the proposed encroachment, a
scale drawing illustrating the nature and extent of the proposed encroachment,
and its relationship to adjoining properties. If the applicant is not the owner of
the property benefitted by the encroachment, the owner of that property must
also sign the application as a co-applicant. The city engineer may require a
survey to determine the exact location of the proposed encroachment.
2. The applicant must pay a fee in the amount established by resolution of the
city council.
C. Review of Application. The city engineer will review the application to
determine if it complies with standards in this chapter and may request
comments from affected city departments and utilities regarding the impact of
the proposed encroachment.
(Ord. 18-19 §1)
15.16.100 Enforcement. (Encroachment)
A. Installation or maintenance of an encroachment in violation of Section
15.16.010, or failure to obtain an encroachment permit as required by Section
15.16.010, or to comply with the terms and conditions of an encroachment
permit issued thereunder is hereby declared a civil infraction subject to
enforcement pursuant to Chapter 1.16.
B. Installation or maintenance of an encroachment in violation of Section
15.16.010, or an encroachment permit issued pursuant to Section 15.16.010 is
hereby declared to be a public nuisance pursuant to Title 6 of the Tigard
Municipal Code, which may be abated pursuant to Chapter 1.16.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
(Ord. 99-31; Ord. 12-02 §3; Ord. 18-19 §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 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)
18.435.015 Definitions. (Signs)
A. Definitions. These definitions are specific to this chapter and are in addition
to Chapter 18.30, Definitions.
"Temporary sign" - Any sign that is not permanently erected or affixed to the
ground or any structure or building:
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
a. A balloon sign is an inflatable, stationary sign anchored by some means to a
structure or the ground. Examples include simple children's balloons, hot and
cold air balloons, blimps and other dirigibles;
b. A banner is a sign made of fabric or other nonrigid material with no
enclosing framework;
c. A lawn sign is a rigid sign supported by one or more sticks, posts, or rods
inserted into the ground or a weighted base; or
d. An A-frame sign is a freestanding sign with two possible sign faces
supported by a rigid frame in the shape of an "A."
18.435.020 Permits. (Signs)
A. Compliance required. All signs or sign structures erected, re-erected,
constructed, structurally altered, or relocated within the city limits must comply
with the standards and provisions of this chapter.
B. Sign permits.
1. All permanent signs require a sign permit, except those that are exempted by
Section 18.435.060. All temporary signs require a temporary sign permit as
provided by Section 18.435.100, except those that are exempted by Section
18.435.060. A-frame signs allowed by Paragraph 18.435.130.G.6 are treated
as permanent signs for permitting purposes.
2. Each sign or group of signs on a single supporting structure, including sign
alterations not exempted by Section 18.435.060, require a separate sign
permit.
C. Retroactive sign permits. The Director may require an application for sign
permits for all signage at a given address if no existing permits previously had
been approved or documented.
D. Encroachment permits. In addition to any required sign permits, Chapter
15.16 of the Tigard Municipal Code requires an encroachment permit for any
sign allowed in the public right-of-way by this chapter.
(Ord. 17-22 §2; Ord. 17-25 §3; Ord. 18-23 §2; Ord. 18-28 §1)
18.435.070 Prohibited Signs.
A. Unsafe or improperly maintained signs. All signs must be constructed,
erected, and maintained to withstand the wind, seismic, or other applicable
requirements in the state building code or this title.
B. Unauthorized traffic signs. The following signs are prohibited:
1. Signs that interfere with, obstruct the view of, or could be confused with any
authorized traffic sign, signal, or device by reason of position, shape, or color;
and
2. Signs that make use of the word "stop," "look," "danger," or any other similar
word, phrase, symbol, or character that is likely to interfere with, mislead, or
confuse motorists.
C. Obscene signs. Signs containing statements, words, or pictures in which the
dominant theme of the material, taken as a whole, appeals to the prurient
interest in sex or is patently offensive because it affronts the contemporary
community standard relating to the description or representation of sexual
material are prohibited.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
D. Obstructing signs.
1. Signs or sign structures may not be constructed or located in a manner that
obstructs access to any fire escape or other means of ingress or egress from
a building or any exit corridor, hallway, or doorway. Signs or sign structures
may not cover, wholly or partially, any window or doorway in any manner that
substantially limits access to the building in case of fire or other emergency;
and
2. Signs or sign structures at any street intersection must comply with Chapter
18.930, Vision Clearance Areas.
E. Roof signs. Roof signs are prohibited, except for temporary balloon signs
allowed by Section 18.435.100, flush-pitched roof signs allowed by Subsection
18.435.090.F, and pedestrian-oriented roof signs allowed by Paragraph
18.435.130.G.5.
F. Revolving, rotating, or moving signs. Revolving, rotating, or moving signs are
prohibited, except for temporary banners or balloons allowed by Section
18.435.100.
G. Flashing signs. Flashing signs of any kind are prohibited, including, but not
limited to, strobe lights.
H. Right-of-way signs. Signs in the public right-of-way in whole or in part are
prohibited, except for signs legally erected for informational purposes by or on
behalf of a government agency, bench signs allowed by Subsection
18.435.090.B, awning signs allowed by Subsection 18.435.090.E, temporary
banners allowed by Paragraph 18.435.060.A.12, or signs allowed by
Subparagraph 18.435.130.G.1.c in the TMU and MU-CBD zones. Any sign that
projects into or is located in City of Tigard right-of-way is subject to approval by
the City Engineer. Signs may not project into or be located in Oregon
Department of Transportation right-of-way.
I. Billboards. Billboards are prohibited.
(Ord. 17-22 §2; Ord. 17-25 §3; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 19-09 §1)
18.435.100 Temporary Signs.
A. Applicability. All temporary signs listed in Paragraph 18.435.015.A.44
require a temporary sign permit except for the following:
1. Lawn and A-frame signs in residential zones exempted by Paragraph
18.435.060.A.1.
2. A-frame signs in MU-CBD and TMU zones allowed by Paragraph
18.435.130.G.6.
3. Banner signs in the right-of-way in the MU-CBD zone exempted by
Paragraph 18.435.060.A.11.
B. Expiration of approvals.
1. A temporary sign permit is issued for a period of 30 days or less. The
approval authority may attach conditions to the permit as necessary to ensure
discontinuance of the use of the sign; and
2. A temporary sign permit may be reissued by the approval authority for two
additional periods of 30 days each per calendar year, except for balloon sign
permits which may not be reissued.
C. Standards. Standards for all temporary signs, except balloon signs, that
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
require a temporary sign permit by Subsection 18.435.100.A above are as
follows:
1. A maximum of one temporary sign is allowed at a time for each owner or
occupant of property or building;
2. The maximum total area of a temporary sign is 24 square feet for all faces
and 12 square feet per face, except for banners, which have a maximum total
area of 24 square feet per sign face;
3. Temporary signs must be located on private property;
4. Temporary signs may not be located in the public right-of-way or the clear
vision area as described in Chapter 18.930, Vision Clearance Areas;
5. Temporary signs may not be illuminated in any way or utilize electrical
wiring;
6. Temporary signs may not contain a reader-board or electronic information
sign component; and
7. Temporary signs may not be permanently attached to the ground, buildings,
or other structures.
D. Standards for balloon signs that require a temporary sign permit by
Subsection 18.435.100.A are as follows:
1. A maximum of one stationary balloon or cluster of children's balloons is
allowed per calendar year for each owner or occupant of property or building;
2. A balloon sign may remain in place for a maximum of 10 days per calendar
year;
3. A balloon sign may be allowed as a roof sign;
4. A balloon sign may not exceed 25 feet in height or float in the air higher than
25 feet above the nearest building's roof line; and
5. A balloon sign must be secured to a structure or the ground.
(Ord. 17-22 §2; Ord. 17-25 §3; Ord. 18-23 §2; Ord. 18-28 §1)
18.435.130 Base Zone Regulations. (MU-CBD and TMU Zones)
G. MU-CBD and TMU zones. The following signs are allowed in the TMU zone
and the MU-CBD zone, except that MU-CBD zoned properties located west of
Fanno Creek within the Fanno-Burnham Subarea of the Tigard Downtown Plan
District are subject to the residential zone sign standards in Subsection
18.435.130.A and MU-CBD zoned properties north of Pacific Highway or with
frontage on Pacific Highway or Hall Boulevard are subject to the C-G zone sign
standards in Subsection 18.435.130.
6. A-frame signs.
a. The maximum number of A-frame signs allowed is equal to the number of
first-story tenant spaces in the building or the equivalent of one sign for every
30 linear feet of street-facing building facade, whichever is greater.
b. The maximum sign area is 6 square feet per sign face or 12 square feet for
all sign faces. The maximum sign width and height is 3 feet.
c. An A-frame sign may be located on private property or in the public
right-of-way adjacent to any premises by the person in control of those
premises. Where the sign is located in the right-of-way, it must be located so
as to maintain a minimum unobstructed sidewalk width of 4 feet for pedestrian
through-travel. It must be located behind the curb or a minimum of 10 feet from
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
the edge of the nearest travel lane where no curb is present. It may not be
located in the clear vision area described in Chapter 18.930, Vision Clearance
Areas, or where it conflicts with the use of any service area, driveway, water
quality facility, bicycle parking area, or on- or off-street parking or loading
area. It may be located in a landscape strip with approval by the City Engineer.
d. Display of A-frame signs is prohibited when the sign owner's business is
closed to the public.
7. Permit exempt signs, such as directional and window signs, are allowed as
described in Subsection 18.435.060.A, except that the total maximum sign area
of all window signs may not exceed 25 percent of the gross window area on the
building face.
8. Special condition signs, such as bench, cultural institution, entryway, and
freeway-oriented signs are allowed as described in Section 18.435.090.
Freeway-oriented signs are only allowed in the TMU zone adjacent to the
Highway 217 or Interstate 5 rights-of-way.
9. Temporary signs, such as balloon, banner, and lawn signs are allowed as
described in Subsection 18.435.100, except that A-frame signs are allowed as
described in Paragraph 18.435.130.G.6.
6.02.160 Signs.
Constructing, placing, or maintaining a sign in violation of Tigard Community
Development Code Chapter 18.435 is declared to be a public nuisance in
violation of this title.
(Ord. 12-02 §1; Ord. 18-20 §3)
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 DCC2024-00145. 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
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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