9865 SW O'MARA STREET 133HIS t *dVW,A MS 5996
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9865 SW OWARA ST
CITY OF TIGARL BUILDING INSPECTION DIVISION
24-Hour inspection Line- 6394175 Business Phone: 6394171
Date Requested: — —��v r!� _—— A.M. P.M. MST:
Location:. E "` ' � ,Q — --- _ BUP: --
Tenant: _ — _ Suite:_ _Bldg: — MEC: -----_.--,--
Contractor: PM _ _ _ PLM:
Owner: ✓I �//tflA:� G � ? .— � � ELC: ��------ -
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ELR:
SIT:
BUILDING BLDG(con't) PLUINIBING KIC1U.41CAL ELECTRICAL SITZ
Site Post/Beam Post/Ieatn Poa'/Poam Cover/Semcc Seswer/Stmn
Footing Roof UndFI/Slab Rough-In Ceiling Water Line
Slab Framing Top Out t'ras Line Rough-In UO Sprinkler
Foun latie., Insulatim Sewer "(KM)mt Reconnect Vault
Muni Damp Drywall Steam Furnace Trmp Service MISC.
Mam" Ceiling Rain Drain A/C :16 Slab
Shear/Sheath Fire Spklr/Alm Crawl/Found Dr Heat Pump low Volt
Approved Approved Approved Approved Approved
Appr/Sdwlk Not Approved Not Approved Not Approved Not Approved Not Approved
FINAL FINAL FINAL FINAL FINAL
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D Call for ion Reinspection fee of S required before next inspection O Unable to inspect
Inspector: -- _-- late: ^/f(/ ^7 —. Page-----�- - of
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From: "David ScoW <TIGVDAVID>
Organization: City of Tigard
To: hap
Date sent: Fri, 12 Sep 1997 09:54:28 PSI'
Subject: (Fwd) Re: (Fwd) Phone Call from Dale Richards
wanted you to see Sill's response to any e-mail...sounds goodl Please
`,3 keep Mr. Spiak ;n the loop aid deal with Ken on his apparant lack
of follow through on this...you may need to find out what Mr. Spiak
says re: this...
--- Forwarded Message Follows -------
F,°om: Self<TIG3/DAVID>
To: bill(Mci.tigard.or.us
Subject: Re: (Fwd) Phone Call from Dale Richards
Date: Fri, 12 Sep 1997 09:53:08 PST
Do you need ma to set up a mtg for you with Hap, .,r will Cathy do
that?....Hap is already on the other issue (I gave it to him
yesterday. and filled him in).. he will need to deal with Ken on his
responsiveness to dealing with issuAs. When you call Mr. Spiak
you can let him know that we are on it but that getting these things
corrected Isn't a speedy process, however, we do need to keep him in
the loop. I know he is eery concerned about what is going on, and Ken
dropping the ball early on is cause for some embarrassment. I will
make sure Hap keeps him in the loop on what the owner with the
violation Is doing.
I, and I know Hap will appreciate the opportuolty to resolve these
issues and maintain a repore (?) with constituents like Mr. Richards
who do a moderate amount of business with us.
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U) > From: "Bill Monahan" <TIG3/BILL>
> Organization: City of Tigard
m > To: "David Scott" <TIG3/DAVID>
> Date: Fri, 11 Sep 1997 17:46:44 PST
"Ui > Subject: Re: (Fwd) Phone Call from Dale Richards
> Reply-to: b+"4atigard.or.us
> Cc: Jo
Hap Watkins -- 1 — Fri, 12 Sep 199714:15:15
> I like the idea of getting Hap to work on these. I haven't met Hap
> so I need to do that soon so I can establish a cor vection so I can
refer itmes to him.
> On that note, I received a call this afetmoon form Andrew Spiek who
> has discussed an issue with you earlier this month. His neighbor,
> who lives on McDonald Ftreet, constructed a steel accessory building
> over the Fourth Gf July weekend. George and Ken have been involved
> in I king into it Andrew has kept a loop of 20 calls he has made.
> The response he has received form Ken is that the building is an
> PxAssory use and he can't go on the property to look at it.
Lets talk on Friday morning about this one. Perot ps we r,,An get Hap
> involved. Supposedly, the owner was to come 'n to planning this week
> to talk about permits for an accessory building. We need to know
> wnat the status of that is. By the way, a second building only a
> little smaller went up. I was told that the original building is on
> the property line and Is 15 feet high, 30 feet long and 20 feet wide.
> I need to call Mr. Spiak back on Friday as I will be otd of town
> next week through Wednesday. If you get a chance to look into It
> before we talk, please do so. Thanks.
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Hap Watkins — 2 — Fri, 12 Sep 1997 14:15:16
° CARPORT ON NORTH PROPERTY LINE, VIOLATION! OF 5-FT SIDE YARD SETBACK. °
° THE STRUCTURE AFD THE ONE NEXT TO IT ALSO REQUIRE A BUILDING PERMIT. °
• See Yequirements for R 4 .5 zone. °
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° TYPE OF VIOLATION. . . . .. . . . . :BUI' COMPLIANCE DEADLINE------,-------- °
° CLASS OF VIOLATION. . . . . . . . :I DATE: 10/07/97: TIME:5:00 PM °
° DATE OF ALLrGFD INFRACTION: / / PENALTY ($/day) . . .$: 0.00: °
° TIME OF ALLEGED INFRACTION: . °
OACODE CITATIONS (2)AAAAAAAAAaaaaaaaa.aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaas
° MUNICIPAL CODE, TITLE 14 (14.04-X4.04.090) BUILDINGS & CONSTRUCTION °
° COt'OnTNITY DEVELOPMENT CODE, TITLE 18 (18.50.050 3.c. ) R 4. 5 °
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ACTIVE CASE: Grp smry Edit Prcl Name Actn Cond Log-note Fee Doc Tag Misc Xit
Edit/view information in active c;�e.e screen
6ACODE ENFORCTEMENT OFFICERaaaaaaaaA�SaaaaAaAaaAAaaf ,aAAAaaaAaAaaS�aaAaaaaABAaAaAG
° :CE097-0010: PFOJECT:MCDONALD ST 1'US:P : UPD:09/16/97: :J*H: '
° NAME. . . . . :TEjRRY MCDONALD °
° SITE ADiDRESS:09865 SW O'MARA ST JUR. . . :TIG: °
OADESCRIPTION OF ALLEGED VIOLATION (1)aaaaaaaaaaa�aaAs$aaaaaaaaaaaaaaaaaAaaAaa�
° CARPORT 00 NORTH PROPERTY LINE, VIOLATION OF 5-FT SIDE YARD SETBACK. °
° THE STRUCTURE AND THE ONE NEXT TO IT ALSO REQUIRE A BUILDING PERMIT. °
° See Requirements for R 4.5 zo,je. °
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° TYPE: OF VIOLATION. . . . . . . . . :BUI: COMPLIANCE DEADLINE-•---'--------- a
CLASS OF VIOLATION. . . . . . . . :1 : DATE:10/07/97 : TIME: 5:00 PM °
° DATE OF ALLEGED IN1'Rr::T'1ON: / / PENALTY ($/day) . . .$: C_ nn r °
° TIME OF ALLEGED INFRACTION: °
OACODE CITATIONS (2)AAaaA2iAaAAaaAAatiaaa��3�aaAAtAAAaaAAAAaAAAA2[�i3aaAaAbaAAA3�ta�'
° MUNICIPAL CODE, TITLE 14 (14.04-14.04 .090) BUILDINGS & CONSTRUCTION °
° COMMUNITY DEVELOPMLNT CODE, TITLE 18 (18.50.050 3.c. ) R 4 .5 °
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Pape Mo. 1 CASE HISTORY FOR CASE NO.: CE097-000
TERRY NCDOMALU
09805 SW O'MARA ST
09/16/97
Action Description Req/ Schd/ End/ Action Motq$ Disp By Update Upd
Code Sent Done Done Date B1'
.. ................... . . . .. ------ ------- ....................................... ---- --- -------- ---
CFGA007 Complain! received / / / / 09/11/97 Received complaint from Andr.w Spiak, KS 09/16/97 J•H
vie Bill 1lonahai,'s E-Mail
CEOAV10 Investigate Complaint / / / / 08/28/97 First notice ,mst*d (short form). POST KS 09/16/97 ON
CEOA020 Research ownership / / / / G4/16/97 ON
CEOA030 Cnntect responsible party / / / / 08/28/97 Lang form see file for cagy. POST MAP 09/16/97 J"H
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September 24, 1997 CITY OF TIGARD
Terry L. McDonald OREGON
9865 South West Omara
Tigard, OR. 9723
As owner or resident of property in 'Tigard you may not be aware of the ordinance below, which
was enacted for the safety and welfare of citizens. Property located at 9865 South West Omara,
Tigard, Oregon, at Tax Map 2S102CD, Tax Lot 02802, is in violation of
TIGARD MUNIUL' NALLRA UANORY STRUCTURE
It has been brought to my attention by the City's building inspector that your accessory structure
is out of compliance according to the TMC code stated above. Your structures do not fall under
c;�,emption of section 18.144.030 therefore a permit must be obtained at the front counter of City
Hall.
Since your property is in viola!ion of the srated cede requirements, we would appruciate your
immediate attention in rectifying the problem.
Please resolve his matter by 10/02/97. if this does not provide a sufficient amount of time,
please call me to discuss signing a Voluatary Compliance Agrexment for an extension. Failure
to comply mu; result in the issuance of a citation, court date, and possible fine.
I am available to answer questions and otherwise assist you as may be required at 639-4171
Extension 314. Office hours are from 8:00 a.m. to 4:00 p.m., Monday through Friday. If I am
not available, please leave your name and phone number so that I can call you back as soon as
possible.
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J Mathew Scheidegger
m Code Compliance Officer
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13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD(503)684-2772 .------
October 16, 1997
Michael O'Brien, Hearings Officer
City Of Tigard
13125 Sout`si West Hall Blvd.
Tigard, Oregon 97223
Re; Civil Infrac.ions Hea,ing
Case No. 97-08
Dear Mr. O'Brien;
I am in receipt of a Civil Infractions Summons from the City of Tigard in the
above named actica, for which you are desigrsted as the Hearings Officer.
I have had two written and one personal contact with city officials in an
attempt to resolve this matter. In my two written responses to the city, I have
requested all pertinent information from the city as to their history An dealing
with previous cases with specifics such as in this instance.
My last letter to Code Compliance OfficerMathew Scheidegger, dated
September 29th reiterated my request for this information. No answer has
been received. Am 1 to believe tha+ City of Tigard Officials can make random
accusations based on their interpretation o"the codes , and then refuse to
provide requested information? If this is the case, then I strenuously object,
ai.d can only assume that any hearing under, these conditions has already been
I decided.
I will restate my position. I do not believe that the City of Tigard Municipal
Code that deals with Accessory Structures applies to the R. V. Covers I have
n erected on my property. There is nothing I have seen in the written language
of the code that addresses the temporary and completely portable nature of
5 these structures. Therefore, the city officials who have taken the position that
I am in violation of their codes are do ng so based on their interpretation of
those codes. I would hope that someo.�z other than a city official is the final
authority on this. The qualities of being a temporary and portable structure
are precisely why I chose this typ ; of cover for my trailers.
I do not think I should be required to continue a deense of my position until
the city provides the information I requested. They may feel they are the law,
but they are -s- above the law. I have the right to all information that is
available in city records that addresses similar situations such as mine. If
none exists, then city officials are merely extending the most convenient code
available to cover this case.
I would also think, that city officials would be obligated to respond to
requests for information from a city resident. My two letters are dated
September 20th and 29th were received by the city on September 24th and
October 1 st respectively. The first letter was ignored and the second
prompted the summons we are now concerned with, 15 days 'later. 'Ahave 10
drys to respond to their correspondence, while the city is apparently free to
ignore mine.
Please intervene on my behalf and instruct the City of Tigard to comply with
my request for information. I fully intend to participate io the next step of the
process, which is the hearing now scheduled for Octobv 28th at 1:30 PM. If
this information is not made available in time for us to consider prior to the
scheduled hearing date, I request a postponement of that hearing till the
requested information is provided and we have time to study it.
Attached, for your ready reference, are copies of the t wn letters I sent to City
of Tigard Officials with the requests for inforrr..ition.
T;aidc You;
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Terry L. McDonald
3 9865 South West Omara
Tigard, Oregon 97223
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Enclosures
September 20,1997
Daryl Watkins, Building Inspector
City of Tigard, Oregon
13125 South West Hall Blvd.
Tigard, Oregon 97223
Re: Tax Lot # 25102CD-02802
Dear Mr. Watkins,
On 8/28/97, personnel from the City of Tigard Code Enforcement office left a
notice at my residence, that the temporary R. V. Covers 1 had erected on my
property were in violation )f City of Tigard zoning requirements. On 9/16/97
you left another notice at my residence statiog that the carport on my north
property line was in violation of the City of Tigard 5 foot setback
requirement.
We did not immediately respond to the no':ces because upon our return home
frorn a weeks vacation, on July 20th, we found ovir house flooded, as a result
of a broken water line in our refrigerator. We have b. living out of the
local Marriot Residence Inn for about six weeks, and were concentrating on
getting back into our home before school started. We did not find the original
notice for over a week after the time it was left. On Wednesday 9/17/97, my
wife and 1 came to see you and try to work out some reasonable solution to
this problem. Our attempt to try to understand your demands as they apply to
our situation was urproductive.
i This will serve as notice that we do not agree with your assessment that our
jtemporary R. V. Covers are carports, or accessory structures, or anything
other than what we purchased. Nothing we have seen in the Tigard
Municipal Code catch all category of"Accessory Structures" addresses the
temporary, and completely portable, nature of our covers. Further, we
maintain that they are personal property, which are completely portable and
which we will take with us, when arid if we move. Failing to show any court
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decision that speaks directly to our situation, we must take the position that
there are no city ordinances that regulate our R. `4 Covers.
If our F.. V. Cover is an Accessory Structure, then it is an Accessory to the
Trailer it protects. We have been looking at property at the coast. If and
when we buy something, we will move the trailer and its cover both to that
property.
In order that we might form a more complete picture of this situation, as we'll
as comply with all applic :able ordinance-., please furnish copies of all pVrtinent
information in Tigard City files that specifically with temporary, movable
R. V. Covers.
Please advise.
Thank You;
1
Terry L. McDonald
9865 South West Omara
Tigard, Oregon 97223
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CITY OF TIiGARD
Code Enforcement
13125 SW Hall Blvd. CITY OF TIGARD
639-4171 OREGON
NOTICE: PROPERTY LOCATED AT _9S --- !V
is in violation of Tigard Municipal Code N(1044710iy 67AATrTe—
Section tl _G'zfs�+2c,cn.�.� _-�—
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63F- JS73
In order to avoid a citation and summons,the 1"
P:Src .►t T-�t
AFPP`t&V'At., C'f�ow, f�i.�..!—t�c�L+�aS t7'�nr'" utc.�a•�t _.
must be rernoved/abated within tan (1S'days of receipt of this notice.
If ten (10) days is not sufficient to properly remedy the violation,
please call regarding the signing of a voluntary compliance agreement
for an extension. Failure to abate the violation may initiate the
issuance of both a Citation and a Summons.
if you have any questions, please contact the Code Enforcement
Officer named below at 63q-4171.
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TAX LOT# 0 G D = (G Z 8 C>"z- I
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