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August 9, 1996 CITY OF TIGARD
OREGON
Ms. Carol Schoewe
10720 SW 71 st Avenue
Tigard, OR 97223 \`
Ms. Sc,hoewe:
I am in receipt of your letter of July 11, 1996, in which you are asking for confirmation of
your understanding of the issues regarding storm drainage from your neighbor's lot. I
will list the issues below:
I
• The City's codes drainage are extensive. You may come to our counter
and roquest copies for a fee. Due to the age of the neighbor's development, our
codes will only cor;e into effect if they alter or add to the existing drainage system.
This is ncr an exeriotion. Existing construction built according to standards in effect
at the time of the construction is not required to be modified whenever the standards
change, but or;ly when new construction work is undertaken.
• The standards in effect at the time of construction allowed for the existing drainage
systerr, by not specifically precluding it (verified by County staifl. The property was
in Washington County when constructed and was under County Jurisdiction then.
Thn p;•-perty is now in Tigard and is in Tigard's jurisdiction.
• Your neighbor is not violating City codes or policies because the drainage was in
compliance with County requirements when ^onstructed. If they alter or add to the
drainage system they will be required to ccs 'y with our requirements, which would
riot allow the current situation.
• Because there is no violation, the City has no authority to correct the drainage
system.
Unfortunately, Tigard can not assist you in resolving your drainage issue. Apparently
your options are a mutual resolution with your neighbor or some form of civil
proceedings. I trust this letter clarifies my response to your questions. Please call me
at 639-4171, ext 311, if I can be of further service.
Ct
N SinC y,
D vid Scott, P.E.
`'' Building Official
...
W
LLT
J c: Mike Sheehan
13125 SW Hall Blvd., E jard, OR 97223 (503) 639-4171 TDD (503) 684-2772 — ---
Thursday, July 11, 1995
David Scott, P.E.
Building Official
City of Tigard
13125 SW HdII Blvd.
-i-igard, Or. 97223
Dear Mr. Scott,
Thank you for your prompt response. Your letter did not address all the questions I had
posed in my earlier letter to Mi. Sheehan. Your letter also indicates that my neighbor is
--. exempt from the current building codes on drainage. Yaur letter implies Washin,Wn
- County, not the, City of Tigard, has jurisdiction over the matter.
I would aopreciate a copy of the City's current codes or policies addressing drainage. If i
have corref- ly understood your letter, the city can do nothing to prevent my neighbor
from violating the City's codes and policies on storm drainage. If the City of Tigard
dosen't lave authority or jurisdiction could you please advise me who ages.
Please note that I have tried cooperative efforts with my neighbors. In one case I
allowed them access throLigh my property to repair something on their apartments. The
workman actually did more darnage to my property. They have indicate: they will correct
the problem but have refused to say wher or now they will proceed
As you know civil proceedings would be time consumir,g and costly. I am retired. I had
expected that someone in violation of City codes would be held accountable by the (,,ty.
Your letter infers that there is nothing more the City can or will do. If that inference is
correct -- please confirm this in writing to me.
Sincerely,
641111
d
F=
Carol Schoewe
10720 ;i W 71st. Ave.
rigard,Oregon 97223
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