Correspondence Tuesday, December 13, 2005 CITY OF TIGARD
Jeff and Sandy Danchok OREGON
Danchok Investment Group
15765 NE Eilers Rd.
Aurora, OR 97002 -4200
Jeff and Sandy Danchok
Danchok Investment Group
817 NW Skyline Crest Rd.
Portland, OR 97229 -6834
RE MST2003- 00160: Unpaid fees, Work Without Permit, Summons. BCE2002- 02003.
Enclosed is Summons #89642 for Work Without Permit at 7595 SW Onnaf Ct., Tigard. A
hearing has been set for Wednesday, January 4 2006, at 2:30 p.m.
On October 5 I phoned you and advised you that our records showed that $424.28 in fees for
the above permit remained unpaid. You declared that you believed that they had been paid,
indicated that you would need some time to check your records, and agreed that two weeks time
should be sufficient. I wrote you on October 5` confirming that conversation and extended the
timeline to Friday, October 21.
Ten weeks have passed, I have had no response from you, the fees remain unpaid and the permit
remains unissued. Because the subject work was done without permit and because we have had
no response to our request, we have issued this summons for Work Without Permit, a violation
of R105.1 of the Oregon Residential Specialty Code (ORSC) and of Chapter 14.04.090.1 of the
Tigard Municipal Code (TMC.) This constitutes a Class I Civil Infraction under the TMC which
is subject to penalties of up to $250.00 per day, per violation.
You built the house at 7595 SW Onnaf Ct. under permit MST2000 -00160 which received final
inspection approval on May 10, 2002.
The approved plans for that house showed an unfinished basement space of 573 sq. ft. In early
2003 we became aware and you admitted that you had, during or around May, 2002 and prior to
selling the house, finished that basement area, creating habitable space and installing a bathroom.
That work required a permit and had not been covered by MST2000- 00160. Permit MST2003-
00160 was intended to bring that work under permit and thus legitimize it.
Permit MST2003 -00160 has never been issued because you have never paid the permit fees.
Therefore, the work done by you to add the bathroom and create habitable space in the basement
at 7595 SW Onnaf Ct. was originally done without permit in violation of code requirements and
has remained without permit and in violation since the work was done in May, 2002,
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772
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approximately 1300 days ago. If we were to date the violation from its inception in May, 2002,
total potential penalties would come to approximately $325,000.00.
If we were to date from April 21, 2003, when at our request you applied for the new permit in an
attempt to come into compliance, we would be looking at approximately 1000 days for a penalty
total of approximately $250,000.00. If we were to date from our conversation on October 5 we
would be looking at 70 days as of tomorrow for a total potential penalty of up to $17,500.00.
However, to encourage prompt compliance and cooperation, the City of Tigard is generally
willing to dismiss charges and accept payment of a reduced amount if cooperation is promptly
forthcoming and complete compliance is achieved prior to the first court appearance.
In this case, and considering your repeated failure to pay the fees due, first in April 2003 and
again in October 2005, we extend the following options to you:
A. If, prior to close of business on Friday, December 16 2005, you pay the full $424.38 in
fees due AND pay to the City of Tigard the sum of $250.00 (the amount of a single day's
potential penalty) as a voluntary reimbursement of the City's enforcement expenses the
City will accept that payment, seek no other penalties, and request the Municipal Court to
dismiss the citation; OR
B. If, after Friday, December 16`', 2005 but prior to close of business on Friday, December
30 2005, you pay the full $424.38 in fees due AND pay to the City of Tigard the sum of
$500.00 (the amount of two days' potential penalty) as a voluntary reimbursement of the
City's enforcement expenses the City will accept that payment, seek no other penalties,
and request the Municipal Court to dismiss the citation.
In either of these events no court appearance will be required and there will be no court record
other than the citation and dismissal.
If this issue is not resolved as above, before the January 4, 2006 date of the court appearance we
will ask the court to impose penalties dating from our conversation on October 5, 2005.
If you would like to resolve this matter by pursuing either Option A or Option B above, please
let me know as soon as possible and, after paying the permit fees due, have a check delivered to
my attention, made out to the City of Tigard for the $250.00 or $500.00 amount, as above.
Please be sure that your separate checks reference MST2003 -00160 for the permit fees and
BCE2002 -02003 for the enforcement expense contribution.
If you have any questions pleas: ca 1 me directly at 503- 718 -2426 or, in my absence, call Hap
Watkins at 5 - 718 -24'
be / Shield
Buildin: 'odes Enforcement Officer
c: Municipal Court, Property file, Hap Watkins.