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SWC1992-00009 -AV 9-Klgr�-, STATIONARY SOLID WASTE COMPACTOR APPLICATION FORM/PERMIT p Business Name: b �-/�c�o-S r� i le No - Name of Applicant: Property Address: P �` t,, E CITY OF TIGARD Tax Map & Lot No. 25 115-n t 314 3100 No. of Compactors: Fee: tea_ APPLI TION ELEMENTS SUBMITTED: Application Form; oW"ilEr Is 31gZ1itu.a.2f rvii-a.Caa eau"hoL1ZF1t1Gia; Site Plan Indicating: 1. Location of the compactor, 2. Maneuvering distance showing the compactor can be picked up, transported and returned by the franchisee, 3. If applicable, receptacles at the same location as the stationary compactor for separated recyclable materials to be collected and transported by the franchisee, 4. All buildings, parking areas, fences and major landscaping features, Letter of compatibility with the franchisee's hauling equipment, signed by the franchisee. L���,z �wil(. Re. ��,-.•c� !!-/�-9z APPROVAL CRITERIA: Applicant shall demonstrate that: 1. The compactor is compatible with the franchisee's hauling equipment, (attach letter from solid waste hauler) ; 2. The proposed site plan provides adequate maneuvering distances for the franchise hauler's equipment and maintains adequate and safe access for all other vehicles and pedestrians as required by local, state or federal law; 3. The compactor and applicant can comply with any applicable federal, state, and local health, safety and environmental regulations including, but not limited to OAR 437-02-242; and this section; 4. Adequate opportunity for recycling has been provided and the area where the franchisee collects separated recyclable materials is at central locations accessible to the franchisee's hauling equipment; 5. The compactor can adequately serve the purpose for which it is installed, including: a. able to hold all wastes generated by the permittee; b. accessible, and easy for the permittee and its tenants and employees to insert waste into the compactor in a safe manner; C. safety measures to prevent unauthorized or accidental operation, or attraction to minors; and d. sanitary and tight design to prevent waste from leakage, dropping, blowing, or otherwise escaping from the compactor or unauthorized removal of waste from the compactor. 6. The compactor shall be located outside of any required building setback areas and (or) required buffered areas as required by the applicable zoning district and related Community Development Code or Municipal Code standards. Note: The Director may waive the setback requirements if the permittee can demonstrate that this amount of setback will be impractical. Additional screening or other noise reduction measures may be required. OPERATIONAL STANDARDS: At all times the applicant and the compactor shall remain in compliance with the following requirements: 1. Compliance with any applicable federal, state, and local health, safety and environmental regulations including, but not limited to OAR 437-02-242 and the City's Solid Waste Management Codes (Chapter 11.04); 2. The compactor and surrounding area will be kept clean at all times; 3. The compactor will undergo regular preventive maintenance and adequate emergency maintenance shall be available; 4. The compactor and operation of the compactor shall remain in compliance with all representations made in the application for and the permit issued for the operation; 5. There will be no operation of the compactor between the hours of 9:00 PM and 7:00 AM. SAFETY• No stationary compactor or other container for multifamily residential, commercial or industrial use shall exceed the safe-loading design limit or operation of the collection vehicles provided by the franchisee serving the area. SIGNING: Each container shall be clearly labeled with the name, address, and telephone number of the permittee, and the name of a contact person. HEALTH• Compactors containing putrescible waste shall be emptied at least weekly. REIMBURSEMENT FOR FINES• Permittees shall reimburse the franchisee for any fines incurred by the franchisee for weight or env=rnnmental violations or any other violation caused by the ownership, operation, or use of the compactor. ADDITIONAL CONDITIONS OF APPROVAL: I hereby certify ha have read and understand the above conditions and standards as they apply to Stat' ry id Waste Compactors. I acknowledge that this compactor approval may be revoked ve conditions have not or are being conducted in a manner contrary to the Solid gement Chapter of the Tigard Municipal Code Chapter 11.04. Applicant/Owner Date Approved By Date br/Compacto.Pmt Cll �' OF TIGARD - RECFlr`T OF PpYMEMT RECP1PT NO. :92-233926 CHECK AMOUNT : 0. 00 00 1N0.: NAME : ERN3T HOME & NURSERY CASH AMOUNT PAYMENT DATE : 11/2N/92 ADDRESS : SMITH, @UN|� L. : 16poo SW PA`�TFTC HW`/ SU�DluISlOM TmARD, OR PURPOSE OF Ptl/N[NT AMOUNT PAID PURP8SE7 OF PAYMFNr AMOUNT PAIB MISCELL�N�OU�� 10K00 ip SlATlONARY SOL lD WASTE COMPQCTOP PERMl - -' "RL TUTf&- AM[}UWT CITY OF TIGARD OREGON November 23, 1992 Reference: Case No. 92-077-SW Glenn Smith, Manager Ernst Hardware 16200 SW Pacific Highway Tigard, OR 97224 Judge O'Brien: As of November 20, 1992, the violation of the Tigard Municipal Code has been remedied, and the undersigned Code Enforcement Officer requests that Case Number 92-077-SW be dismissed. Sincerely, Ken hreind , Code Enforcement officer 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 SCHMIDT SANITARY SERVICE, INC. 8325 S.W. Ross St. Tigard, Oregon 97224 Phone 639-2378 Solid Waste Disposal,Recycling,and Drop Box Service November 17 , 1992 Ernst Home & Nursery 16200 SW Pacific Hwy Tigard, Oregon 97224 RE: Letter of Compatibility Attention: Glenn Smith Dear Mr. Smith: In regard to telephone conversation of today, your compacter and drop box are compatible with our equipment. We have absolutely no problem with this situation. If you have any questions regarding this matter, please either contact us or the City of Tigard. Sin-berely, _ Larr Schmidt vice President Schmidt' s Sanitary Service September 29, 1992 CITY OF TIGARD Glen Smith, Manager Ernst Hardware OREGON 16200 SW Pacific Highway Tigard, OR 97224 RE: Solid Waste Compactors This letter is to inform you that on December 17, 1991, the Tigard City Council approved Ordinance No. 91-36, which requires the City to issue permits for solid waste compactors. The ordinance became effective on January 16, 1992. The reason these permits are required is to maintain sufficient maneuvering space to ensure each compactor is compatible with hauler's equipment, to minimize disturbance to neighboring properties, and to provide safe and efficient service. All owners of solid waste compactors in the City are required to apply for a one-time permit through the Community Development Department. The fee for the permit is $100 per compactor. As of January 16, 1992, owners of existing compactors must obtain permits by January 16, 1993. Any new compactor to be installed after January 16, 1992 is required to have a permit prior to installation. Please review the enclosed requirements and provide the city with a site plan and a letter from your solid waste hauler stating the compactor is compatible with the hauler's equipment. The Solid Waste Compactor Permit Application is enclosed with this letter. Please complete the application form and return it with your fee to Tigard City Hall, Attention: Codes Enforcement Officer. Your Permit/Application will be reviewed in a timely manner, and a permit will be issued if all conditions have been met. Also, as per our discussion, we will expect to see the flags removed on the exterior parking lot by no later than October 2, 1992. If you have any questions regarding this matter, please contact the Code Enforcement Officer at Tigard City Hall. Sincerely Ken Schreindl Codes Enforcement officer Encl. br/Compact_ltr 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 CITY OF TIGARD Washington County, Oregon CIVIL INFRACTIONS SUMMONS CITY OF TIGARD TO: Glen Smith, Manager OREGON Ernst Hardware 16200 SW Pacific Highway Tigard, OR 97223 Civil Infractions Hearing Case No. 92-077-SW Hearings Officer: MICHAEL O'BRIEN Date of Summons: November 10, 1992 You have been charged with the following infractions: TIGARD MUNICIPAL CODE SECTION 11 04.105 STATIONARY SOLID WASTE COMPACTORS Failure to comply with safety, health and environmental requirements, and submit a completed application for a solid waste compactor permit. This is a Class 1 Infraction with a maximum possible civil penalty of $250.00 per day, per violation. The levied fine will accrue daily until the violation has been rectified to Code specifications. A hearing has been scheduled for December 22, 1992, at 1:30 PM, in the Town Hall Room of the Tigard Civic Center, 13125 SW Hall Blvd. , Tigard, Oregon 97223. The hearing will be convened in your absence, should you or your representative fail to appear. You have the right to council at your own expense (please notify the Court Manager at least f ive (5) working days prior to scheduled court date if appearing with an attorney) , the right to bring any 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 the Hearings Officer finds you guilty as indicated, you may be charged witness fees, plus the civil penalty or other hearing fees. * * * * * * * * * * * * * IMPORTANT NOTICE * * This Summons and enclosed Complaint, has been filed with the Civil Infraction Hearings Officer for the Tigard Municipal Court. Failure to comply with the instructions in this summons may result in a default agreement entered against you in favor of the City of Tigard. An unpaid Civil Infraction penalty can result in a lien against the property on which this infraction occurr (CONTINUED ON REVERSE SIDE) 13125 SW Hall BNd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 0 PAGE 2 CHECK ONE OF THE BELOW AND RESPOND AS INDICATED * * * * * * * * * * * CHECK APPROPRIATE BOX * * * * * * * * * * * I DENY committing the infraction(s) as charged. Your denial will be considered a request for the hearing on the time and date indicated. I ADMIT committing the infraction(s) . If the violation noted herein is not corrected immediately, the penalty will continue to accrue until resolved. If you admit to the infraction(s) , return this form, along with a check, money order, or cash in the amount of $125.00. Do not mail cash. PLEASE RETURN THIS FORM WITH YOUR RESPONSE In verson: By mail: Civil Infraction Hearings officer Civil Infractions Hearings Officer Tigard Civic Center City of Tigard 13125 SW Hall Blvd. 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 Please return this completed form with your response to the address above within ten (10) days from the date of this Summons. Receipt for Certified Mail aENOMONEE! No Insurance Coverage Provided UWrEDSTS Do not use for International Mail (See Reverse) Se t to reef and No. P 0.,Pate and ZIP Co ' D,4L9 Z Z \ Postage _1N Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing m to Whom&Date Delivered (D Return Receipt Showing to Whom, Date,and Addressee's Address TOTAL Postage O &Fees Postmark o00r CV) E A`i `f t1 CL ` 1 aJ Wei _W�f 'to-, receive the• Itellti 1.aad%DI,��for eddltiorwi esrvtcee• ..-_ , Compute ft a*4.OW 10 a b. fofb WU4 "Irvioss.1far`erL#Xtra � • f*t Vow *,W a*vw on slap reverse of#6 11 80 that we car - j` rewm elft curd to�rL. rJ • Attach dfe teem to the hoot of the maillpfew.or an the back If trpeee 1. Q AddrMWS Addt�sae does 1W permit.- • vKrht"Return#tappet ReQwead"as 5►e mailpNae below ft eructs rnar+W 2. Q R#etricted Oelhte rp ` to The the data i P�!�1�the sipnatws of the person, for fqo. 3. Article Addreirited to: 40. Aftide Number 4b. Service-TWOo est Hod O coo EVreer#111 Q Rett"Receipt for 2- 7. Gate of Ir iv 6. Sigt�ataue fAdrlr re> S. �J - Ir111) � dd �+ 7. a- CITY OF TIGARD CIVIL INFRACTION COMPLAINT OREGON C STATE OF OREGON CIVIL INFRACTIONS County of Washington Case No. 92-077-SW City of Tigard The undersigned City of Tigard Codes Enforcement Officer certifies and says: That on or about the 10th day of November, 1992 NAME: Glen Smith Manager ADDRESS: Ernst Hardware 16200 SW Pacific Highway CITY, STATE, ZIP: Tigard OR 97224 did unlawfully and in violation of Section 11.04.105, of the Tigard Municipal Code, did permit to be committed, the violation as follows: Fail to comply with safety, health and environmental requirements, and failed to submit a completed application for a solid waste compactor permit after written notification. Located at 16200 SW Pacific Highway, which is in the City of Tigard, Washington County, State of Oregon. 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. November 10 . 1992 Ken Sc reindl, Date Complaint Issued Codes Enforcement officer 13125 SW Hall Blvd,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 `7 �N June 8, 1992 CITY OF TIGARD Ernst Hardware OREGON 16200 SW Pacific Highwy Tigard, OR 97224 RE: Solid Waste Compactors This letter is to inform you that on December 17, 1991, the Tigard City Council approved Ordinance No. 91-36, which requires the City to issue permits for solid waste compactors. The ordinance became effective on January 16, 1992. The reason these permits are required is to maintain sufficient maneuvering space to ensure each compactor is compatible with hauler's equipment, to minimize disturbance to neighboring properties, ' and to provide safe and efficient service. All owners of solid waste compactors in the City are required to apply for a one-time permit through the Community Development Department. The fee for the permit is $100 per compactor. As of January 16, 1992, owners of existing compactors must obtain permits by January 16, 1993. Any new compactor to be installed after January 16, 1992 is required to have a permit prior to installation. Please review the enclosed requirements and provide the city with a site plan and a letter from your solid waste hauler stating the compactor is compatible with the hauler's equipment. The Solid Waste Compactor Permit Application is enclosed with this letter. Please complete the application form and return it with your fee to Tigard City Hall, Attention: Codes Enforcement Officer. Your Permit/Application will be reviewed in a timely manner, and a permit will be issued if all conditions have been met. If you have any questions regarding this matter, please contact the Code Enforcement Officer at Tigard City Hall. Sinc rel en chreindl Codes Enforcement Officer Encl. br/Compact.ltr 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 STATIONARY SOLID WASTE COMPACTOR APPLICATION FORM/PERMIT Business Name: File No. Name of Applicant: Property Address: CITY OF TIGARD Tax Map & Lot No. No. of Compactors: Fee: APPLICATION ELEMENTS SUBMITTED: Application Form; Owner's Signature/Written Authorization; Site Plan Indicating: 1. Location of the compactor, 2. Maneuvering distance showing the compactor can be picked up, transported and returned by the franchisee, 3. If applicable, receptacles at the same location as the stationary compactor for separated recyclable materials to be collected and transported by the franchisee, 4. All buildings, parking areas, fences and major landscaping features, Letter of compatibility with the franchisee's hauling equipment, signed by the franchisee. APPROVAL CRITERIA: Applicant shall demonstrate that: 1. The compactor is compatible with the franchisee's hauling equipment, (attach letter from solid waste hauler); 2. The proposed site plan provides adequate maneuvering distances for the franchise hauler's equipment and maintains adequate and safe access for all other vehicles and pedestrians as required by local, state or federal law; 3. The compactor and applicant can comply with any applicable federal, state, and local health, safety and environmental regulations including, but not limited to OAR 437-02-242; and this section; 4. Adequate opportunity for recycling has been provided and the area where the franchisee collects separated recyclable materials is at central locations accessible to the franchisee's hauling equipment; 5. The compactor can adequately serve the purpose for which it is installed, including: a. able to hold all wastes generated by the permittee; b. accessible, and easy for the permittee and its tenants and employees to insert waste into the compactor in a safe manner; C. safety measures to prevent unauthorized or accidental operation, or attraction to minors; and d. sanitary and tight design to prevent waste from leakage, dropping, blowing, or otherwise escaping from the compactor or unauthorized removal of waste from the compactor. 6. The compactor shall be located outside of any required building setback areas and (or) required buffered areas as required by the applicable zoning district and related Community Development Code or Municipal Code standards. Note: The Director may waive the setback requirements if the permittee can demonstrate that this amount of setback will be impractical. Additional screening or other noise reduction measures may be required. OPERATIONAL STANDARDS: At all times the applicant and the compactor shall remain in compliance with the following requirements: 1. Compliance with any applicable federal, state, and local health, safety and environmental regulations including, but not limited to OAR 437-02-242 and the City's Solid Waste Management Codes (Chapter 11.04); 2. The compactor and surrounding area will be kept clean at all times; 3. The compactor will undergo regular preventive maintenance and adequate emergency maintenance shall be available; 4. The compactor and operation of the compactor shall remain in compliance with all representations made in the application for and the permit issued for the operation; S. There will be no operation of the compactor between the hours of 9:00 PM and 7:00 AM. SAFETY: stationary compactor texthe safe-loading design limit o exceed otresidential, commercial or her multifamily operation of the collection industrial use shall vehicles provided by the franchisee serving the area. SIGNING• Each container shall be clearly labeled with the name, address, and telephone number of the permittee, and the name of a contact person. HEALTH: Compactors containing putrescible waste shall be emptied at least weekly. REIMBURSEMENT FOR FINES: Permittees shall reimburse the franchisee for any fines incurred by the franchisee for weight or environmental violations, or any other violation caused by the ownership, operation, or use of the compactor. ADDITIONAL CONDITIONS OF APPROVAL: I hereby certify that I have read and understand the above conditions and standards as they apply to Stationary Solid Waste Compactors. I acknowledge that this compactor approval may be revoked if the above conditions have not or are being conducted in g.manner contrary to the Solid Waste Management Chapter of the Tigard Municipal Code Chapter 11.04. Applicant/Owner Date Approved By Date br/Compacto.Pmt ------------ December 9, 1992 CITY OF TIGARD OREGON Mr. Glenn Smith Ernst Hardware 16200 SW Pacific Highway Tigard, OR 97224 Re: Case No. 92-077-SW Per the Code Enforcement Officer's recommendation, the above mentioned case has been dismissed. I have enclosed a copy of the Code Enforcement Officer's request for dismissal, and the Hearings Officer's approval. The hearing scheduled for December 22, 1992 is cancelled. If you have any questions, please contact Code Enforcement Officer Schreindl or me at 639-4171. Nadine Robinson Court Manager NR:ms enc. 1 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 CITY OF TIGARD OREGON November 23, 1992 Reference: Case No. 92-077-SW Glenn Smith, Manager Ernst Hardware 16200 SW Pacific Highway Tigard, OR 97224 Judge O'Brien: As of November 20, 1992, the violation of the Tigard Municipal Code has been remedied, and the undersigned Code Enforcement Officer requests that Case Number 92-077-SW be dismissed. Sincerely, Ken Schreindl, Code Enforcement officer 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 CITY OF TIGARD CIVIL INFRACTION COMPLAINT OREGON STATE OF OREGON CIVIL INFRACTIONS County of Washington Case No. 92-077-SW City of Tigard The undersigned City of Tigard Codes Enforcement Officer certifies and says: That on or about the 10th day of November, 1992 NAME: Glen Smith Mana er ADDRESS: Ernst Hardware 16200 SW Pacific Highway CITY, STATE, ZIP: Tigard, OR 97224 did unlawfully and in violation of Section 11.04.105, of the Tigard Municipal Code, did permit to be committed, the violation as follows: Fail to comply with safety, health and environmental requirements, and failed to submit a completed application for a solid waste compactor permit after written notification. Located at 16200 SW Pacific Highway, which is in the City of Tigard, Washington County, State of Oregon. 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. November 10, 1992 `u Date Complaint Issued Ken Sc reindl, Codes Enforcement Officer �v 13125 SW Hall Blvd,P.O.Box 23397,Tigard Oregon 97223 (503)639-4171