9750 SW INEZ STREET ow
9750 SW INEZ STREET
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CITY OF FIFA R®
OREGON
5-23-90
Mr. Jim Corliss
9750 SW Inez St.
Tigard, Ore 97224
.ear. Mr. Corliss,
..it the meeting of May 21, 1990, the City Council discussed the issue of
whether or not you should be required to pay a sanitary sewer fee as
referenced in my letter to you dated January 1, 1990. The Council decided
that it was the Cities misteke in not collecting the fee at the time of issuing
you the permit, and it is not appropriate to require payment.
Please disregard my letter. I regret any inconvenience this may have. caused
you.
Sincerely
Brad Roast
Building Official
13125 SW Nall Blvd.,P,O.Box 23397,Tigard,Oregon 97223 (503)639-4171 –
— - -- ---
MAN ,
Note to file:
On 5--21-90, the City council discussed the issue regarding Mr. Knebel.'e
request reimbursement for sewer construction costs. The Council decided
that Mr.. Ynebel should have made his request for an agreement in 1984, before
the sewer was constructed. Mr. Knebel'e request was denied.
As for whether. Mr. Corliss uhould be charged the "In Lieu of Assessment " fee,
the Counc .1 decidel that the City made a mistake in not collecting the fee, and
it should be the city's loss. Mr. Corliss will not have to pay the free.
MEMORANDUM
CITY OF TIGARD
To: Mayor and City Council May 11, 1990 1
rrom: Patrick J. Reilly, City Administrator
Subject: Request for reimbursement of sewer costs.
sue:
citizen has made a request tc the City for reimbursement of costs .incurred in
extending the public sanitary sewer, and requiring another prov"rty ownEr tc�
pay a sewer surcharge for, not participating in the cost of extending the
public sewer. The staff has attempted to resolve tho issue between the two
owners invclved, with no success. The staff has no authority to effect any
refund for sewer extensions. The questioico before the Council are:
1. Should the City reimburse a c-tizen for part of the coot incurred in
extending a public sewer, were no previous agreement for payback has been
made?
�1
2. Should the City force payment of a sewer surcharge on a citizen who wac
inadvertently not charged at time of issuance of a permit?
History:
Mr. Steve Knebel (14535 SW 97th Ave) has requested that he be reimbursed for
one-third the cost at a public sewer he was requ_L�" to build in 1984. Please
see his attached letter.
In flay of 1984, fir. Steve Knebel made a reque. . for a minor land partition t,-)
create two residential lots. One lot was contained an existing house, the other
was for construction of a new residence. A condition of approval of the
partition, was that Mr. Knebel extend the public sanitary sewer 80 feet to
serve the new and existing residences. Mr Knebel complied with the condition,
divided the lots and constructed the new residence.
Mr. Knebel eventually sold the property with the existing house (14525 SW 97th
Ave) to Mr. Jim Corliss (9750 Sw Inez St) . Along with the sale of the existing
house went the rights of sewer participation for the property.
Ir February of 1.988, Mr. Corliss made application to connect his propz-�rty at
9750 SW Inez. St to the public sewer. Because he owned the property at 14525
SW 97th Ave, he granted himself an easement to through that property to
connect tc tha available viewer lateral (and transferred participation to the
sewer ext s�nsion from that property to his 9750 SW Inez St). The property Et.
14525 SW 97th Ave was to pay the $3000.00 "In Lieu of Assessment" fee when .it
connected to the newer at a later date.
During the course of excavation tj connect: his home to the sewer., Mr. Corliss
found that the property at 14525 SW 97th Ave had already been connected to the
sewer, there was however, no records of a permit issued to connect the house.
Mr. Corliss requested that the City allow him to connect both houses to the
same sever lateral, along with him paying for the permit for 14525 SW 97t1' Ave.
The City approved the connection and Mr. Corliss paid the permit fees for
connection of both houses (however the "In lieu of Assessment " fee- was
inadvertently not chargee.) .
It would seem that Mr. Kriebel would have recovered dome of his costs when he
sold the prop ,.:-y at 14525 SW 97th Ave, because the property would have had
greater value with sewer available to it. His being required to extend the
public sewer did however, result in the benefit to Mr. corlies's property at
(9750 SW Inez).
Alternative "A":
1. Deny Mr. Knebel's a request.
2. Approve Mr. Knebel's request, refunding to h:m 1/3 the (-,at of
construction.
3. Refund to Mr. Kriebel 1/6 the cost of the sewer. Mr. Kriebel bhould be
entitled to recover a maximum of 2/3 the cost of the sewer. Since Mr. Kriebel
sold the lot with the existing house (14525 SW 97th Ave) he would presumably
would have included in the selling price 1/2 of his cost- for the sewer, thus he
han recovered 1/2 of the cost as of thin date. The 1/6 refund would therefore
provide Mr. Kriebel with a total recovery of 2/3 the cost.
Alternative "B":
1. Take no action to require Mr. Corliss to pay any further sower surcharge
fees.
2. Require Mr. Corliss to pay the $3000 "in Lieu of Assessment" fee, n.a
prescri.bei by City Ordinance.
3. Require Yr. Corliss to ',ay an "In Lieu of Assessment" fee equal to 1/6
the cost of the sewer. tach property would then have been assessed art equal
share of the cost.
Mr. T.nebel has submitted copies of bills for the work. Tt.9 total of the
appropriate charges to be considered is $8,97.2.00.
A 1/3 refund would total $2,974.00
A 1/6 refund would total $1,478.00
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OREGON
1--16-90 \
Mr. Jim Corliss
9750 SW Inez
Tigard, ore 97224
Dear Mr. Corlies,
Or February 4, 1988, a permit was issued to you to cor.ik,ct your above
property to the public sanitarl sewer system. It has been drought to my
attention that your property was not. correctly charged for the permit.
Apparen':ly you were not charged a $3000.00 aasessment (which is roquired
for a,-y p-operty that has not participates' iu the construction of a public
sewer) .
I must- inform you that thi-i assessment must be paid. You may pay the assessment
in one of three ways:
o In one payment of $3000.00 t3 the City of Tigard.
o You may make request to the 2ity to pay the sum off over a period of time.
o You may pay an amount to the individual who originally constructed the
sewer, which is agreed upon by both parties, and provide a receipt of i
such payment.
1 regret any inconvenience this may cause you, and ask that you make
the applicable payment an soon as possible.
if you have any questions, please call me at 639-4171.
Sinop ly �--
Brad Roast
Buildinq Official.
13125 SW Mall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 --
— --
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P11-111113ING PERMI'T
1*.)EPM3:*I* M3. : PL-8811.50
�'�OFTIGARD 1� PID
(C�l TY Of LTWA PD DA11: 15SUED: 6/1.0/68
COMMUNITY DEVELOPMENT DEPARTMENT ORIGON P' I11MJ)M*r .NO. 8831417
13125 S.W.Hall Blvd..P.O.Box 23397,Tigard,Oregon 97223,(603)16394175
J0191 ADI)PE:SS : 9750 !iiW ]:Nl:-.Z 5,11,
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WORK CLASS : ALTERATION WA*TER CLLSE'T TRAP
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This permit is Issued subject to the regulations contained In Title 14 RE 01.11 TNSPFa.;IJONS
of the 1 MC. State of Oregon Specialty Codes.zoning regulations
and all other applicable codes and ordinances, and it is hereby
agreed that the work will be done in accordancr with the plans and
specifications and in compliance with all app,icable codes and
ordinances The issuance of this permit does not waive restrictive
covenants Contractor an,.' subcontractors shall have current city
business tax permits This permit will expire and become null and
void If work is not stL,rted within 180 days,or if work Is suspended or
abandoned for a period of 180 days any time after work has
commenced. It shall be the responsibility of the permittee to assure
all required I ions are r 7 uested and ved
re 'es
Pe rTlittee Sigrinaire
CA! L. FOP :I.N 41: (-IJON 639—A41-75
Issued By
SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE
MIEWER PERM11,
C11YOFTIGACI �AV PERMI'T NO . SE8801447
OREGON
COMMUNITY DEVELOPMENT DEPARTMENT 1-)A,I,E:
F 13125 S.W.Hall Blvd..P.O.Box 23397,Tigard.Oregon 97223.(503)6394175 PRIM. PM'T .NO SE301AI
SW INka s'r USA NUMSER: 3/49'U
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This permit is issued subject to the regulations contained In Title 14
of the TMC. State of Oregon Specialty Codes,zoning regulations D I NS11"llin'.11.11 T QN!')
and all other applicable codes and ordinances, and it is hereby PokAJ I 1:N
agreed that the work will be done In accordance with the plans and ('111 IF:1-1011
specifications and in compliance with all applicable codes and
ordinances The Issuance of this permit does not waive restrictive
covenants Contractor and subcontractors shall have current city
business tax permits This permit will expire and become null and
void it work is not started within 180 days.or It work is suspended or
abandoned tcr a p3riod of 180 days any time after work has
commenced h shall be the responsibility of the permittee to assure
all required inspections are requested and approved
illiseptic, fill.
rrr�tt el Sign'&U/
Sued By
SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVi