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CIVIL INFRACTIONS SUMMONS RESPONSE
STATE OF OREGON CIVIL INFRACTIONS FIRST APPEARANCE
COUNTY OF WASHINGTON CASE NO. 1204 -04
CITY OF TIGARD HEARINGS OFFICER: Michael O'Brien
BUILDING DIVISION SUMMONS DATE: Friday, December 17, 2004
TO RESPONDENT(S): COURT DATE: January 5, 2005
Brent Jacobsen, Owner COURT TIME: 2:30 p.m.
Jacobsen Law Offices
7565 SW Hermoso Way
Tigard, OR 97223
TO: CIVIL INFRACTIONS HEARINGS OFFICER, CITY OF TIGARD
TIGARD CITY HALL
13125 SW HALL BLVD.
TIGARD, OR 97223
INSTRUCTIONS TO RESPONDENT: RESPOND TO THIS SUMMONS BY CHECKING ONE OF THE
STATEMENTS BELOW, SIGNING, AND RETURNING THIS FORM AS INDICATED
PRIOR TO THE DATE AND TIME OF THE SCHEDULED FIRST APPEARANCE.
I DENY committing the infraction(s) as charged, I request a hearing on a date to be determined by
the Court, and I request that I be excused from the scheduled First Appearance.
. I
I ADMIT committing the infraction(s) as charged, I agree to correct, cure, or remedy the
infraction(s) immediately upon receipt of this summons and complaint, and I understand that
penalties will continue to accrue until the violation(s) are corrected. Payment is enclosed for the
initial penalties sought as of the Summons Date by the Building Division of $24,750.00,
representing $250.00 per violation per day for the violation cited for the ninety -nine (99) days
that have elapsed since Notice of Violation was given in person on Thursday, September 9,
2004. I acknowledge that my choosing this option constitutes a written appearance and that I
herewith waive my right to a hearing and agree to the penalties sought by the Building Division.
I ADMIT committing the infraction(s) as charged, I agree to correct, cure, or remedy the
infraction(s) immediately upon receipt of this summons and complaint, I wish to contest the
amount of the penalties sought by the Building Division, I request a hearing on a date to be
determined by the Court, and I request that I be excused from the scheduled First Appearance.
RETURN THIS FORM WITH A CHECK OR MONEY ORDER PAYABLE TO THE CITY OF TIGARD OR
CASH (CASH LV PERSON ONLY) FOR THE AMOUNT LVDICATED ABOVE.
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Respondent Print Name Sign Name Date
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CIVIL INFRACTIONS SUMMONS
C oo
STATE OF OREGON CIVIL INFRACTIONS FIRST APPEARANCE
COUNTY OF WASHINGTON CASE NO. 1204 -04
CITY OF TIGARD HEARINGS OFFICER: Michael O'Brien
BUILDING DIVISION SUMMONS DATE: Friday, December 17, 2004
TO RESPONDENT(S): COURT DATE: January 5, 2005
Brent Jacobsen, Owner COURT TIME: 2:30 p.m.
Jacobsen Law Offices
7565 SW Hermoso Way
Tigard, OR 97223
This Summons and enclosed Complaint has been filed with the Civil Infraction Hearings Officer for the
Tigard Municipal Court.
A first appearance on this matter has been scheduled at the date and time shown above in the Town
Hall Room of the Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon 97223. You are required
and are herewith summoned to appear or to respond in writing, either denying the violation and requesting a
hearing or admitting the violation and paying the penalty indicated in the enclosed response form. A
default hearing will be convened in your absence, should you or your representative fail to appear or
respond in writing.
Failure to comply with the instructions in this summons, including failure to appear as scheduled and failure
to respond as discussed below will result in a default judgement being entered against you in favor of the
City of Tigard. The Tigard Municipal Code, 1.16.350 directs that "... a default judgement shall be entered
in an amount up to the maximum civil penalty applicable to the charged infraction if the respondent fails to
appear at the scheduled hearing."
An unpaid Civil Infraction penalty can result in a lien being placed against property owned by you.
You have been charged with the following infraction(s):
FAILURE TO SECURE CERTIFICATE OF OCCUPANCY BEFORE OCCUPYING
BUILDING.
This is a violation of Oregon Structural Specialty Code Section 110.1:
OSSC 110.1 Use and Occupancy: No building or structure shall be used or occupied, and no
change in the existing occupancy classification of a building or structure or portion thereof shall
be made until the building official has issued a certificate of occupancy therefor as provided
herein."
This constitutes a violation of Tigard Municipal Code Chapters 14.04.030(1) State Codes Adopted,
and 14.04.090(1) Violation— Penalty- Remedies:
TMC 14.04.030 State Codes Adopted (1): Except as otherwise provided in this chapter, the
following codes ... are adopted and shall be in force and effect as part of this Municipal Code:
(a) ... the Structural, Mechanical, Plumbing, Electrical, and One and Two Family Dwelling
Specialty Codes ... .
TMC 14.04.090 Violation— Penalty- Remedies (1): 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.
Such violations are Class 1 Civil Infractions with a maximum possible civil penalty of $250.00 per day, per
violation. Any such penalties may accrue daily until the violation has been corrected.
If you admit to committing the infraction(s) and wish to avoid a court appearance, complete the enclosed
Response Form and return it with payment of the penalty assessed as of the date of this summons. The
Court will record an agreement by you to correct the violation(s) within ten days of the recording date.
Additional penalties and fees may continue to accrue and if you fail to complete the agreement you may be
found in contempt of court and further penalties may be charged.
If you deny committing the infraction and wish to request a hearing, complete the enclosed Response
Form and return it. The court will then schedule the formal hearing and excuse you from the First
Appearance referred to above.
You have the right to counsel at your own expense at any first appearance or hearing and, at a hearing, the
right to bring witnesses or supporting documents, and the right to cross- examine adverse witnesses. You
have the right to compulsory process for the production of your witnesses. If you will be appearing with
an attorney or if you wish to use compulsory process, provide written notice to the Court Manager at
least five (5) working days prior to the scheduled court date. Be advised that if the Hearings Officer finds
that you committed the infraction you may be charged witness fees plus the civil penalties and other fees
and costs.
CIVIL INFRACTIONS COMPLAINT
C Oo
STATE OF OREGON CIVIL INFRACTIONS FIRST APPEARANCE
COUNTY OF WASHINGTON CASE NO. 1204 -04
CITY OF TIGARD HEARINGS OFFICER: Michael O'Brien
BUILDING DIVISION SUMMONS DATE: Friday, December 17, 2004
TO RESPONDENT(S): COURT DATE: January 5, 2005
Brent Jacobsen, Owner COURT TIME: 2:30 p.m.
Jacobsen Law Offices
7565 SW Hermoso Way
Tigard, OR 97223
This Complaint and enclosed Summons have been filed with the Civil Infraction Hearings Officer for the
Tigard Municipal Court.
The undersigned City of Tigard Compliance Officer certifies and says:
On or about September 9, 2004, and continuing from that date to the present,
AT: Tax Parcel 2S101AB- 01502; 7565 SW Hermoso Way, Tigard, OR 97223
NAME and ADDRESS:
Brent Jacobsen, Owner, Jacobsen Law Offices, 7565 SW Hermoso Way, Tigard, OR 97223
did unlawfully and in violation of Tigard Municipal Code (TMC) Chapters 14.04.030(1) State Codes
Adopted, and 14.04.090(1) Violation— Penalty- Remedies, commit or permit to be committed, the
following violation of the Oregon Structural Specialty Code Section 110.1:
FAILURE TO SECURE CERTIFICATE OF OCCUP BEFORE OCCUPYING
BUILDING.
I certify, under penalty provided by ordinance and state law, I have reasonable grounds and do believe the
above person committed, or permitted to be committed, the above violation.
1 / P / /.7 d
Albert Shield , Building ' es En orcement Officer Date ' omplai t Issued
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Street Trees Jacobsen Law Offit
7565 Hermoso Way, 12/16/04
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C ° P C ITY OF TIGARD
Friday, December 17, 2004 OREGON
Brent Jacobsen
Jacobsen Law Offices
7565 SW Hermoso Way.
Tigard, OR 97223
RE Summons & Complaint dated Friday, December 17, 2004, Case No. 1204 -04; Failure to
Obtain Certificate of Occupancy Before Occupying Building.
Jacobsen Law Offices has occupied and has been conducting business in space at 7675 SW
Hermoso Way, Tigard, which was to be modified and converted from residential to
commercial use under permit BUP2003 -00638 and others issued by this department. That
permit has never received final inspection approval and no Certificate of Occupancy for that
modified space and change of use has been issued by this department.
Occupying space without having first received a Certificate of Occupancy is a violation of the
Oregon Structural Specialty Code (OSSC).
On Thursday, September 9, 2004, I visited 7565 SW Hermoso Way, Tigard, found the
premises furnished and occupied as offices, and notified the receptionist and attorney then
present that work under permit BUP2003 -00638 was not complete, that no Certificate of
Occupancy had been issued for the premises, and that occupancy without a Certificate of
Occupancy constituted a violation of the building codes.
Although some of the items that were incomplete at the time of my September visit have since
been completed, as of today, Friday, December 17, 2004, work under permit BUP2003 -00638
is still not complete. Specifically, Jacobsen and their landscape contractor have failed to install
street trees of the required size, even after repeated requests for action have been made by City
staff. In fact, completion dates set by and promised by the landscape contractor have passed
without comment and without corrections being made. The attached photo, taken yesterday,
December 16, 2004, shows a street tree of proper size that was recently installed by
Minuteman Press, the adjacent property owner, and the group of dramatically smaller and
shorter trees installed by Jacobsen. The Jacobsen trees are inadequate and must be replaced.
Enclosed with this letter is a Summons and Complaint citing Brent Jacobsen, for Jacobsen Law
Offices, for the violation of Occupancy without Certificate of Occupancy.
As noted in the Summons and Complaint documents, this violation constitutes a Class I Civil
Infraction with a penalty of up to $250.00 per day, per violation.
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772
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Jacobsen, 12/17/04, p. 2 of 2.
Applying the $250.00 per day penalty to the 99 days that have elapsed since my September
visit, the potential penalties total $24,750.00 as of today.
We have set a First Appearance date at the Tigard Municipal Court of Wednesday, January 5,
2004, which is 19 days from today. During that time penalties will continue to accrue.
Appearance in court can be avoided, however, and costs can be minimized, if full compliance
is achieved prior to the scheduled First Appearance and if payment is made of an agreed upon
amount as a voluntary reimbursement of the City's enforcement costs.
Specifically, if, by close of business on Monday, January 3, 2005, no further enforcement
action is required, all open items on permit BUP2003 -00638 are completed, and final
inspection approval is received on that permit, we will accept, in lieu of formal penalties,
payment to the City of Tigard of the sum of $1,000.00 as a voluntary reimbursement of the
City's enforcement costs and will then request that the Court dismiss the charges and the
Summons and Complaint.
If you wish to take advantage of this "voluntary compliance" offer, please let me know and do
not return the "Summons Response" form to the Court. Needless to say, if any of the above
timelines are not met appearance at the First Appearance will be required and we will proceed
with the enforcement process and to a formal hearing at which we will seek penalty awards.
If you have any documentation that our records are in error in any way or that the facts are not
as described above, please bring this to my attention as soon as possible.
Please let me know, at your earliest convenience, how you wish to proceed.
If you have any qu about the content of this letter or the Summons and Complaint,
please call me . / 03- 639 -4171 X2426 or Hap Watkins at 503- 639 -4171 X2440.
Albert Shields, Building Codes Enforcement Officer
cc: Municipal Court, Property File, Hap Watkins, Susan Ross.
Albert Shields - Jacobsen Law Offices — Street trees and corrections from building final. Page 1
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From: Albert Shields `/
To: Bernt Jacobsen
Date: 12/17/2004 15:55:14 PM
Subject: Jacobsen Law Offices — Street trees and corrections from building final.
Brent, this confirms our discussion and agreement this afternoon during my visit to your offices
concerning the fact that the street trees installed at 7565 SW Hermoso must meet the City's
specifications before a Certificate of Occupancy can be issued for that property.
Specifically, you represented that you, yourself, have been disappointed in the size of the street trees
installed at 7565 SW Hermoso and have sought larger ones, that you have just recently identified a
source for ten trees of appropriate size, that you had not been given any reason to think that the City had
run out of patience with the failure to replace the existing trees, and that you had only this week been
advised that the City might impose penalties for the occupancy violation.
I acknowledged that, following my September 9th visit, you did clear up most of the other items that were
then incomplete and I indicated that the sooner full compliance was achieved regarding the street trees
the more flexibility I would have in the amount I could accept for the City as a voluntary reimbursement of
enforcement costs in lieu of penalties.
We agreed that, if you were able to achieve full compliance regarding the street trees by Friday of next
week, December 24th, you would pay and I would accept for the City a voluntary reimbursement payment
of $250.00 instead of the $1,000.00 identified in my letter. Conversely, if full compliance is not achieved
by 12/24 but is achieved prior to close of business on Monday, 1/5/05, the $1,000.00 figure will apply.
In my letter I set the condition of completion as "all open items on permit BUP2003 -00638 are
completed." On reviewing the permit record this afternoon I realize that there are still two outstanding
corrections from the Building Final performed on 10/13/04. That inspection was given a "fail" with three
corrections: "remove thumb screw at front door; provide sign at door this door must remain locked ...';
provide hand rail at front stairs."
You may have already had those corrections made but either you or your general contractor must call for
a new Building Final and secure final inspection approval on these issues as well as the street tree issue
before a Certificate of Occupancy can be issued. Accordingly, our agreement must include completion of
any other open items under the permit, in addition to the street tree corrections, consistent with the details
of my letter.
City staff will have next Friday, December 24th, off for Christmas Eve, so we will not be able to inspect
either the tree installation or the building corrections on Friday. Please call in a request for the Building
Final as soon as possible so that we may complete that part of the project early next week. If the trees
are installed before Friday, please advise our City Forester, Matt Stine, at 639 -4171 X2589, giving him as
much advance notice as possible, so that he can inspect and verify compliance. If they are installed on
Friday, please call in an inspection request for Monday morning.
I will be in my office until 5:00 this afternoon if you have any questions. I mentioned to you that I will be
on vacation for the next two weeks and that in my absence you should stay in touch with my supervisor,
Hap Watkins, at 503 - 639 -4171 X2440. By copies of this EMail I am advising him, Matt Stine, and Susan
Ross, our Permits Coordinator, 503 - 639 -4171 X2453, of these arrangements. Please keep them
apprised of your progress.
Albert Shields
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Housing & Building Inspector 5-49
Building Codes Enforcement Officer �3
City of Tigard �,�.,'7 Mvy
503 - 639 -4171 Ext. 2426j v
Albert Shields - Jacobsen Law Offices — Strept trees and corrections from building final. Page 2
Albert@ci.tigard.or.us
CC: Hap Watkins; Matt Stine; Susan Ross
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November 13, 2003 CITY OF TIGARD
Evergreen Pacific OREGON
5664 SW Carman Drive
Lake Oswego, OR 97035
RE: CHANGE OF OCCUPANCY, R3 TO B
Project Information
Building Permit: BUP2003 -00638 Construction Type: VN
Tenant Name: Jacobsen Law Office Occupancy Type: B
Address: 7565 SW Hermoso Way Occupant Load: 18
Area: 2,400 Sq Ft Stories: 2
The plan review was performed under the State of Oregon Structural Specialty Code (OSSC)
1998 edition; and the Tualatin Valley Fire & Rescue Ordinance 99 -01 (TVFR99 -01) 1999
edition. The submitted plans are approved subject to the following conditions.
Regardless of the occupant load served, exit doors shall be openable from the inside without
the use of a key or any special knowledge. 1003.3.1.8 OSSC
Accessible ramps shall be provided with a landing for every 30 inches of rise. 1109.7.5
OSSC
Where ramps change direction at a landing, the landing shall be a minimum of 60 inches by
60 inches. 1109.7.5 OSSC
The means of egress shall be provided with illumination of not less than 1 foot candle at the
floor level anytime the building is occupied. 1003.2.9.2 OSSC
Provide 2 -A rated fire extinguishers on each floor so that no usable space has a distance
greater than 75 feet to the extinguisher. Standard 10 -1, Chapter 3 TVFR99 -01.
American with Disabilities Act (ADA): It shall be the responsibility of the Architect,
Engineer, Designer, Contractor, Owner and Lessee to research the applicability of the ADA
requirements for the structure. The City of Tigard reviews the plans and inspects the structure
only for compliance with Chapter 11 of the OSSC which may not include all of the
requirements of the ADA.
Approved Plans: 1 set of approved plans, bearing the City of Tigard approval stamp, shall
be maintained on the jobsite. The plans shall be available to the Building Division inspectors
throughout all phases of construction. 106.4.2 OSSC
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772
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Certificate of Occupancy: No building or structure s•all be used or occupied until the
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Official has issued a certificate of occup anc y ': x _ 109.1 OSSC , r
Premises Identification: Approved numbers or addresses shall be provided for all new
buildings in such a position as to be plainly visible and legible from the street or road
4'fronting the property.
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When submitting revised drawings or additional information, please attach a copy of the
enclosed City of Tigard, Letter of Transmittal. The letter of transmittal assists the City of
Tigard in tracking and processing the documents.
Respectfu ,
rian :. oc. r
Se • - Plans Examiner
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