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Correspondence // / /wllfllll� 1 III ��i 1 CITY OF III II'� � TIGARD Monday, July 08, 2002 OREGON Steve Hunt Renaissance Properties 1672 SW Willamette Falls Dr. West Linn, OR 97068 Ron Nelson Neptune Swimming Pool Co. 13785 SE Ambler Rd. Clackamas, OR 97015 • Dirk Looijenga 4621 SW Corbett Ave. Portland, OR 97201 George Otten POBox 213 Beaverton, OR 97005 RE Our permit No. BUP2000- 00421, Swimming Pool at 10832 SW Kable St., Tigard, OR • This letter is directed primarily to Renaissance Development, the original applicant and permittee on the above. It is directed to the other named parties as contractor, engineer, and architect, respectively, according to the original permit application. This advises you that according to our records and as I have previously mentioned to Steve Hunt, Site Superintendent for Renaissance, the above permit never received final inspection approval and expired by limitation effective June 7, 2001. Our last activity concerning this pool was on November 8, 2000, when our inspector passed the placement of reinforcing steel as being in accordance with the manufacturer's plans. It has come to our attention that the pool was in fact completed and has been placed in use by the homeowner. Such use of the pool constitutes occupancy without final inspection approval, a violation of the Oregon One and Two Family Dwelling Specialty Code (OOTFDSC) and of the Tigard Municipal Code (TMC.) Rather than cite the new homeowner for this violation, however, the City would prefer to have this violation corrected voluntarily by Renaissance. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 .TDD (503) 684 -2772 Accordingly, this directs Renaissance to apply for a new permit for the subject pool within ten days from receipt of this letter and to ensure that the pool receives final inspection approval from this department within thirty days. If these timelines are complied with the City will refrain from further enforcement action. However, through our site visits and conversations with the homeowner we have become aware that: 1. The actual cost of the pool was not the $30,000 shown on the original permit application but $65,000, according to the statement given to the homeowner by Renaissance and by him to us. Please ensure that the new permit application reflects the actual billed cost. 2. The original plans, drawn by Mr. , include a site plan. However, no side elevation is provided and the plan view does not reflect the fact that the site is a sloped lot and that the specific site of the pool is on fill added to the site for the construction of the house and pool. Further, the plan does not reflect the fact that there are three rock retaining walls immediately downhill of the pool. Please ensure that the new plans and calculations reflect these actual circumstances. Each of the abovementioned rock retaining walls bear surcharge from either sloped fill or from the close proximity of the higher wall to the rear face of the lower. The OOTFDSC requires that any retaining wall over four feet in height or bearing a surcharge be built under permit and for such walls as these we require appropriate design and engineering. Building these walls without a permit constitutes a violation of OOTFDSC Section 111.1 which is itself a violation of TMC Chapter 14.04.030(a)(1), a civil infraction for which maximum penalties of up to $250.00 per day may be imposed. This directs Renaissance to apply for a permit for the construction of the subject retaining walls within ten days from receipt of this letter, to correct any inconsistencies between approved plans and actual construction, and to ensure that the walls receive final inspection approval from this department within thirty days. If these timelines are complied with the City will refrain from further enforcement action. If you have any questions please call me. Albert Shields Building Codes Enforcement Officer cc: J.C. and Kathleen Sherman, Property File, City Attorney.