HomeMy WebLinkAboutViolator Letter 1 - 7-20-2023 1 . 1
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TIGARD
City of Tigard
July 20, 2023
Lally, Theresa & Don
8830 Sw Omara St
Tigard, OR 97223
RE: Code Compliance Record Number: DCC2023-00047
Dear Lally, Theresa & Don:
This requests your cooperation in resolving a complaint that we have received
regarding your property at 8830 SW OMARA ST, TIGARD, OR 97223 in Tigard.
Code compliance is an important aspect of neighborhood livability and community
pride. The City of Tigard values the quality of our neighborhoods and favors timely
response to code compliance requests. The city particularly appreciates having your
voluntary cooperation and compliance and we look forward to hearing from you.
The complaint indicates that your property is in violation of Tigard Municipal Code
provisions regarding:
8.08.050 Street Tree Removal.
8.04.040 Emergency Tree Permit Procedures.
6.02.020 Noxious Vegetation.
6.02.030 Trees and Bushes.
6.02.120 Visual Clearance Requirements.
6.02.310 Streets, Sidewalks, and Public Pedestrian Easements.
6.02.320 Maintenance and Repair of Public Sidewalks and Public Pedestrian
Easements.
6.02.330 Sidewalks, Public Pedestrian Easements, Curbs and Planter Strips.
6.02.340 Encroachments Within Rights-of-Way and Public Property.
6.02.170 Storage in Front Yards.
6.02.220 Open Storage of Junk. (Inoperable Vehicles, Junk, Parts)
6.02.230 Scattering Rubbish
6.02.250 Offensive Wastes Prohibited (Garbage)
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
6.02.150 Insects and Rodents
6.02.010 Nuisances Affecting the Public Health
Specifically, it has been reported that multiple street trees were removed on your
property without permit.
It has also been reported that there is overgrown vegetation, encroaching blackberry
vines, high weeds and grass, openly stored inoperable vehicles, junk, garbage, waste,
and debris on your property that is creating a fire hazard and a breeding ground for
insects and rodents.
Please obtain street tree removal permits from the City of Tigard Planning Department
at 503-718-2421 or tigardplanneronduty@tigard-or.gov;
and remove overgrown and encroaching vegetation, blackberry vines, high weeds and
grass, openly stored inoperable vehicles, junk, garbage, waste and debris on your
property.
We have not yet verified these violations nor have we assessed any penalties. If you
can confirm that no violation exists or if you correct it voluntarily within 20 days as
discussed below, we will not assess penalties and there will be no court record.
Each violation described above constitutes a Class One Civil Infraction under the
code and is subject to a penalty of up to $250 per day per violation and/or abatement
by the city at the property owner's expense.
Included below are the relevant regulations pertaining to property use and
maintenance, as well as a description of the city's code compliance process.
8.08.050 Street Tree Removal.
Except as exempted by Section 8.08.040.B, no person shall remove a street
tree without prior written approval obtained either through:
A. The City Manager Decision Making Procedures detailed in Section
8.04.020 using the approval criteria in the Street Tree Removal Standards in
the Urban Forestry Manual; or
B. The City Board or Committee Decision Making Procedures detailed in
Section 8.04.030. (Ord. 12-11 §1)
8.04.040 Emergency Tree Permit Procedures.
If an emergency exists because a tree presents such a clear and present
danger to people, structures, infrastructure or utilities that there is insufficient
time to obtain a permit, any person may remove the subject tree without first
having obtained a permit. The person shall, within 14 calendar days after
having removed such tree, submit a retroactive application for a city manager
tree permit through the City Manager Decision Making Procedures detailed in
Section 8.04.020. Applicants are encouraged to take photographs of the
subject tree and obtain written documentation from a certified arborist prior to
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
the removal. If the city manager or designee determines that there was no
emergency, he/she shall pursue enforcement action through Chapter 1.16.
(Ord. 12-11 §1)
6.02.020 Noxious Vegetation.
A. No responsible party shall allow noxious vegetation as defined in Sections
6.01.020.M.1 through 6.01.020.M.7 to be on the property or in the right-of-way
abutting the property.
B. The responsible party for a violation of subsection A of this section shall
cut down or destroy grass, shrubbery, brush, bushes, weeds or other noxious
vegetation as often as needed to prevent them from becoming unsightly or, in
the case of weeds or other noxious vegetation, from maturing or from going to
seed.
C. No responsible party shall plant or allow to be planted on their property
noxious vegetation as defined in Section 6.01.020.M.8.
D. The responsible party for a violation of subsection C of this section shall
remove or otherwise destroy the subject invasive and noxious plants. (Ord.
12-02 §1)
6.01.020 Definitions.
As used in this title:
M. "Noxious vegetation" means:
1. Weeds more than 10 inches high;
2. Grass more than 10 inches high and not within the exception stated in
paragraph 9 of this subsection;
3. Poison oak, poison ivy or similar vegetation;
4. Vegetation that is likely to cause fire;
5. Blackberry bushes that extend into a right-of-way or across a property
line;
6. Vegetation that is a health hazard;
7. Vegetation that is a health hazard because it impairs the view of the
right-of-way or otherwise makes use of the right-of-way hazardous;
8. Any of the following invasive and noxious plants: Hedera helix L. (English
ivy), Heracleum mantegazzianum (giant hogweed), Lythrum salicaria L. (purple
loosestrife), Polygonum cuspidatum (Japanese knotweed), Rubus discolor
(Himalayan blackberry);
9. "Noxious vegetation" does not include vegetation that constitutes an
agricultural crop, unless that vegetation is a health hazard, a fire hazard or a
traffic hazard, and it is vegetation within the meaning of this subsection.
6.02.030 Trees and Bushes.
A. No responsible party shall permit branches or roots of trees or bushes on
the property to extend into a right-of-way in a manner which interferes with its
use.
B. A responsible party shall keep the branches of all trees or bushes on the
premises that adjoin the right-of-way, including an adjoining parking strip,
trimmed to a height of not less than eight feet above a sidewalk and not less
than 13 feet above a street.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
C. No responsible party shall allow to stand any hazard tree as defined in
Chapter 8.02. (Ord. 12-11 §1; Ord. 12-02 §1)
6.02.120 Visual Clearance Requirements.
All property within the city must be maintained in compliance with the visual
clearance requirements of TCDC 18.930.030. (Ord. 20-03 §5; Ord. 12-02 §1)
18.930.030 Vision Clearance Requirements
A. At corners. Except within the MU-CBD zone, a vision clearance area must
be maintained on the corners of all property adjacent to the intersection of two
streets, a street and a railroad, or a driveway providing access to a public or
private street.
B. Obstructions prohibited. A clear vision area must be maintained free of
vehicles, hedges, plantings, fences, wall structures, and temporary or
permanent obstructions (except for an occasional utility pole or tree),
exceeding 3 feet in height, measured from the top of the curb, or where no
curb exists, from the street center line grade. Trees exceeding 3 feet in height
may be located in this area, provided all branches below 8 feet are removed.
C. Additional topographical constraints. Where the crest of a hill or vertical
curve conditions contribute to the obstruction of clear vision areas at a street or
driveway intersection, hedges, plantings, fences, walls, wall structures, and
temporary or permanent obstructions must be further reduced in height or
eliminated to comply with the intent of the required clear vision area. (Ord.
18-23 §2; Ord. 17-22 §2)
6.02.310 Streets, Sidewalks, and Public Pedestrian Easements.
A responsible party shall keep a public street or sidewalk abutting their
property, or a public pedestrian easement over their property, free from earth,
rock and other debris and other objects that may obstruct or render the street,
sidewalk, or pathway unsafe for its intended use. (Ord. 21-03 §2; Ord. 12-02
§1)
6.02.320 Maintenance and Repair of Public Sidewalks and Public Pedestrian
Easements.
It is the duty of all persons owning property which has public sidewalks abutting
the property, or public pedestrian easements over the property, to maintain and
keep in repair the sidewalks or pathways and not permit them to become or
remain in a dangerous or unsafe condition. "Maintenance" includes, but is not
limited to, the removal of snow and ice. Any owner of property who neglects to
promptly comply with the provisions of this section is fully liable to any person
injured by such negligence. The city is exempt from all liability, including, but
not limited to, common-law liability, that it might otherwise incur to an injured
party as a result of the city's negligent failure to maintain and repair public
sidewalks or pedestrian easements. (Ord. 21-03 §3; Ord. 12-02 §1)
6.02.330 Sidewalks, Public Pedestrian Easements, Curbs and Planter Strips.
Maintenance of sidewalks, curbs and planter strips is the continuing obligation
of the adjacent property owner. Maintenance of a public pedestrian easement
is the continuing responsibility of the underlying property owner. (Ord. 21-03
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
§4; Ord. 12-02 §1)
6.02.340 Encroachments Within Rights-of-Way and Public Property.
Except as provided in Chapter 15.16, it is unlawful for any person to erect, or
cause to be erected, any encroachment in, over, or upon any right-of-way, or
public property without having first obtained a permit from the city engineer
authorizing such action. (Ord. 18-20 §§1, 2; Ord. 12-02 §1)
6.02.170 Storage in Front Yards.
Storage of boats, trailers, campers, camper bodies, house trailers, recreation
vehicles or commercial vehicles in excess of 3/4 ton capacity may be stored in
a required front yard in a residential zone subject to the following:
A. No such unit shall be parked in a visual clearance area of a corner lot or
in the visual clearance area of a driveway which would obstruct vision from an
adjacent driveway or street.
B. No such unit shall be used for dwelling purposes except that one camper,
house trailer or recreational vehicle may be used for sleeping purposes by
friends, relatives or visitors on land entirely owned by or leased to the host
person for a period not to exceed 14 days in one calendar year; provided that
such unit shall not be connected to any utility, other than temporary electricity
hookups, and provided that the host person shall receive no compensation for
such occupancy or use.
C. Any such unit parked in the front yard shall have current state license
plates or registration and must be kept in mobile condition. (Ord. 17-23 §1;
Ord. 12-02 §1)
6.02.220 Open Storage of Junk. (Inoperable Vehicles, Junk, Parts)
No person or responsible party shall deposit, store, maintain or keep on any
real property, except in a fully enclosed storage facility, building or garbage
receptacle, any of the following:
A. An icebox or refrigerator, or similar container, which seals essentially
airtight;
B. Inoperable or partially dismantled automobiles, trucks, buses, trailers or
other vehicle equipment or parts thereof in a state of disrepair;
C. Used or dismantled household appliances, furniture, other discards or
junk, for more than five days. (Ord. 18-12 §1; Ord. 12-02 §1)
6.01.020 Definitions.
As used in this title:
J. "Inoperable vehicle" means any vehicle which does not display a current
state vehicle license or tags, which cannot be moved without being either
repaired or dismantled, or which is no longer safely usable for the purposes for
which it was manufactured.
K. "Junk" means items that have no apparent utility or are in an unsanitary
condition.
6.02.230 Scattering Rubbish
No person shall deposit upon public or private property any kind of rubbish,
trash, debris, refuse, or any substance that would mar the appearance, create
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
a stench or fire hazard, detract from the cleanliness or safety of the property
or would be likely to injure a person or animal or damage a vehicle traveling
upon a right-of-way.
6.02.250 Offensive Wastes Prohibited (Garbage)
No person shall have waste on property that is offensive or hazardous to the
health or safety of others or which creates offensive odors or a condition of
unsightliness. (Ord. 91-36 §1 Exh. A (part), 1991: Ord. 78-64 §16, 1978).
6.02.150 Insects and Rodents
Storage of any materials including wastes or maintaining any grounds in a
manner that may attract or aid the propagation of insects or rodents or create a
health hazard is declared to be a public nuisance in violation of this title.
6.02.010 Nuisances Affecting the Public Health
6.02.010 Common Nuisances
No person shall cause or permit a nuisance affecting the public health. The
following are nuisances affecting the public health:
B. Accumulations of debris, rubbish, manure or other refuse that affect the
health of surrounding persons.
E. Any animal, substance or condition on the premises that is in such a
state or condition as to cause an offensive odor detectable at a property line,
or that is in an insanitary condition.
H. Animals, including livestock, or buildings for the purpose of maintaining
livestock or animals, maintained in such places or in such a manner that they
are offensive or annoying to the residents within the immediate vicinity, or
maintaining the premises in such a manner as to be a breeding place or likely
breeding place for rodents, flies and other pests.
You have 20 calendar days from the date of this letter to respond to this compliance
request. The city requires confirmation that your property is in compliance with all
regulations cited above in one of two ways:
• If your property is not currently in compliance, please take appropriate action
to bring your property into compliance and notify the city of this action.
• If you believe you have received this letter in error or you believe your property
is not out of compliance, please contact us so we can discuss this further.
Please respond in writing and reference record number DCC2023-00047. You can
send photos or other documentation to codecompliance@tigard-or.gov, or mail it to
City of Tigard Code Compliance, 13125 SW Hall Blvd., Tigard, OR 97223. If you do
not contact us, we will have no way of knowing that the potential code infraction has
been resolved or that the request was in error and we may then follow up with other
actions including on-site inspection and a possible summons and complaint.
This letter also serves as your first formal notice that the City of Tigard may use an
abatement service to correct persistent code infractions. The cost of such abatement
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
is at the expense of the property owner and can include a lien on the property. This
is in addition to the potential civil penalties discussed above.
Your prompt response will be appreciated. It is important to us that Tigard remain a
safe, clean, and attractive community. Thank you for your assistance in maintaining
Tigard as "A Place to Call Home."
Sincerely,
Code Compliance
City of Tigard
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov