Permit A CITY OF TIGARD 5/23/2006
]3125 SW Hall Blvd. 1:48:45PM
] Tigard, OR 97223 503- 639 -4171 Activity Listing
Case #: SIT2002 -00033
Primary Name: STORINO Cn j py
Project Name: STORINO
Site Address: 10630 SW KABLE ST
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a b �, ,DATE DONE G DIP ONE BX NOTES .. , , �.,.,. . .. . ,,,.. �� S �\ CDE � � . ... . . . : . d C)d \� , r. .�,. .3 n WEE ,,,x o .. �'� " 14 o .. . "3, . . 4 <, � g . _„ ,: ii C,'. ., M - :.„'S It
799 Final Inspection 5/1/2003 PASS AMS Per Gary Lampella, building Official, walls accepted on an "as built" basis in accordance with
GeoPacific Engineering report dated 4/27/03 declaring that they "do not represent a hazard to the
existing residences or adjoining properties."
800 Case Finaled 5/1/2003 DONE AMS
775 Engineered grading final reprt 4/29/2003 RECD AMS Received Rock Wall Evaluations report dated 4/27/03.
092 (F) Issue permit 1/6/2003 DONE BB
032 Post - review completed 1/2/2003 DONE DEB
070 (F) Ready to issue 1/2/2003 DONE DEB
021 Plans Approved/Routed to PT 12/31/2002 DONE HAP
008 Permit Created 11/5/2002 DONE JMT
012 Plans Routed to Plans Examiner 11/5/2002 DONE JMT
005 Application received 10/28/2002 DONE DEB received by deb, entered by jmt
C aseActi vitySho rtForm. rpt
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5 T — el 3 3
A963 co ) s-f-
1 IN THE MUNICIPAL COURT OF THE CITY OF TIGARD
2 FOR THE COUNTY OF WASHINGTON, STATE OF OREGON
3
CITY OF TIGARD, Plaintiff, )
4 ) Citation Numbers:
5 vs. )
) WARRANT TO ENTER PROPERTY AND
6 Tony J. & Dionne L. Storino ) ABATE CIVIL INFRACTION
7 ) (TMC 2.16.070)
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9
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The Municipal Court for the City of Tigard determines, based on the affidavits submitted and
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testimony provided, that there is probable cause to believe that civil infractions creating an
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immediate hazard to the health and safety of the public and of the residents of 10630 SW Kable
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St. in Tigard, OR, exist and that evidence of those violations is present on the grounds at
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10630 SW Kable St..
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Now, THEREFORE, Albert Shields, Housing Inspector for the City of Tigard and such other
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personnel as are necessary for inspection, taking of evidence, and protection, are hereby
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authorized to enter upon the grounds of the property located at 10630 SW Kable St., any time
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between the hours of 8:00 am and 5:00 pm, after reasonable attempts to notify the inhabitants
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of the inspection, and to then abate the violations, including but not limited to verifying the
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extent and continuing presence of any infractions and taking evidence, including photographic
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evidence.
23 A�
24 /� / ,■ r
DATED this b I_ day of August, 2002
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Judge
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Page I of 1
Warrant
1 IN THE MUNICIPAL COURT OF THE CITY OF TIGARD
2 FOR THE COUNTY OF WASHINGTON, STATE OF OREGON
3
CITY OF TIGARD, Plaintiff, )
4 ) Citation Numbers:
5 vs. )
) AFFIDAVIT OF ALBERT SHIELDS IN
6 Tony J. & Dionnie L. Storino ) SUPPORT OF WARRANT
7 )
)
8 )
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11 STATE OF OREGON )
) ss.
12 County of Washington )
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14 I, Albert Shields, do hereby declare:
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16 1. I am the Housing Inspector for the City of Tigard and Building Inspector and Building
17 Codes Enforcement Officer.
18 2. As part of my responsibilities, I inspect and evaluate real property for compliance with
19 provisions of the Tigard Municipal Code. It is my regular practice to keep careful
20 notes of the progress of compliance and of the positions of parties taken during
21 resolution of code violations. In determining the existence of violations I often rely on
22 reports and photographs written or taken by other professionals from the City or other
23 agencies and of reports given to me by members of the public or others who have
24 observed the condition of a property.
25 3. I have physically been at 10630 SW Kable St. in Tigard, which is owned by the
26 defendants and I have examined available documentation as to the condition of the lot
27 when the original subdivision was "finalled."
28 4. Lots #1 through 10 of Erickson Heights II Subdivision, of which 10630 Kable St. is
29 Lot No. 9, are on the South side of Kable St.. Each lot slopes steeply to the rear and
had substantial amounts of fill added to the site during the subdivision stage of
Affidavit -- Page 1 of 3
1 development. The official "as- built" maps of the subdivision as provided by the
2 developer show that Lots #5 through 10 had two rock retaining walls constructed low
3 on the lots in accordance with the subdivision plans during the subdivision phase; Lot #
4 4 had one wall so constructed; and Lots #1, 2, and 3 had no walls so constructed. The
5 fill behind each of these "authorized" walls was reportedly tested for compaction.
6 5. In the course of my observations while at the subject premises I observed the existence
7 of one or more retaining walls being now present in addition to those identified in the
8 "as- builts." I further observed that one or more of these additional walls exceeded
9 four feet in height and /or bore a surcharge from fill or walls above.
10 6. These additional walls were apparently constructed after the subdivision phase was
11 approved. This conclusion is supported by statements of two homeowners who
12 observed the walls on their own property being constructed subsequent to the
13 subdivision and, in fact, subsequent to their signing a purchase contract..
14 7. The Oregon One and Two Family Dwelling Specialty Code (OOTFDSC) requires that
15 retaining walls exceeding four feet in height or bearing a surcharge be constructed
16 under permit, for which plans, engineering, and inspection are required by the City of
17 Tigard. There is no record that any permit applications or plans were submitted for
18 the additional walls on any of the ten lots nor is there any record of any permits being
19 issued nor inspections performed. No reports from an independent geotechnical testing
20 engineer or firm have been submitted regarding the construction of these additional
21 walls or of the fill placed behind them.
22 8. The failure to submit plans and a permit application and to secure a permit before
23 constructing these walls constitutes a violation of the OOTFDSC and of the Tigard
24 Municipal Code. Improperly constructed retaining walls and inadequately composed
25 and compacted fill present a risk of catastrophic failure and constitute a hazard to
26 occupants of a property containing them and to those of properties downhill in the
27 event of rain and erosion or ground saturation. Without permits, plans, inspection, or
28 testing the degree of risk posed by the subject walls and fill is not known.
29 9. To thoroughly and objectively assess the degree of risk posed by the unauthorized and
non - permitted retaining walls and fill on each of the ten lots, the City of Tigard has
Affidavit -- Page 2 of 3
. -4 V..
1 hired a professional geotechnical engineering firm to inspect the sites, prepare surveys
2 and documentation of the retaining walls and lot elevations found, and to conduct such
3 testing of the walls and the fill behind as sequential investigation suggests.
4 10. I find the evidence collected to date sufficient to conclude that violation of the
5 OOTFDSC and the Tigard Municipal Code has occurred. I further find that the fact
6 that the subject walls and the fill behind them has not been designed, constructed under
7 permit, inspected, or tested means that the walls and fill, as they now exist, constitute
8 a hazard to the health and safety of any occupants of the premises and to the public's
9 health and safety. I conclude that the planned on -site examination, survey, and testing
10 of the walls and fill by professionals to assess the degree of hazard is in the public
11 interest, whether it be with or without the permission of the property owners.
12 11. I am competent to testify to the foregoing of my own personal knowledge except for
13 those matters identified above wherein I am relying upon reports from other authorized
14 City personnel who are themselves competent to testify to their observations and whose
15 reports I do believe to be true.
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17 Executed thy of August, 2002, at Tigard, Oregon.
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19 I declare under penalty of perjury under the laws oft // nited Stat the State of Oregon
20 that the foregoing is true and correct.
21
22 Albert Shields
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State of Oregon )
24
) SS.
25 County of Washington )
26 Subscribed and sworn to (or affirmed) before me this
27 L, day of ThA G2 uts f , 2fial- , by
t-Ft - OFFICIAL SEAL .
_r ( �l6 f �Gc�elds 41-57W
NcrrAFtv PUBLIC-OREGON
29 COMMISSION NO. 327906
MY COMMISSION EXPIRES OCT. 10, 2003 Signature of Notary Public
Affidavit -- Page 3 of 3