HomeMy WebLinkAboutHCC2026-00011-Violator Letter 1 - 3-31-2026 1111
� q
TIGARD
City of Tigard
Tuesday, March 31, 2026
AFFINITY PROPERTY MANAGEMENT
1303 SW 16TH AVE
PORTLAND, OR 97201
Re: Code Compliance Request Record Number: HCC2026-0011
Dear AFFINITY PROPERTY MANAGEMENT:
This requests your cooperation in resolving a complaint that we have received regarding
your property at 13828 SW FANNO CREEK DR Unit:10 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:
6.02.250 Offensive Wastes Prohibited.
6.02.150 Insects and Rodents.
14.04.030 State Codes Adopted.
14.16.080 Housing Maintenance Requirements, Generally.
14.16.110 Roofs.
14.16.140 Exterior Walls and Exposed Surfaces.
14.16.170 Windows.
14.16.180 Doors.
14.16.190 Interior Walls, Floors, and Ceilings.
14.16.200 Interior Dampness.
14.16.210 Insect and Rodent Harborage.
14.16.220 Cleanliness and Sanitation.
14.16.260 Heating Equipment and Facilities.
14.16.270 Electrical System, Outlets, and Lighting.
14.16.330 Maintenance of Facilities and Equipment.
14.04.090 Violation—Penalty—Remedies.
105.1 Required Permits
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
Specifically, it has been reported that there is a lack of property maintenance and
sanitation on your property, including faulty electrical wiring, a malfunctioning bathroom
fan and heater, penetrations in the walls, ceiling, and attic, and associated waste
accumulation, offensive odors, and rodent and bird infestation.
Please conduct appropriate maintenance, repairs, and abatement 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.
6.02.250 Offensive Wastes Prohibited.
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. 12-02 §1)
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.
(Ord. 12-02 §1)
14.04.030 State Codes Adopted.
A. Except as otherwise provided in this chapter, the following codes, standards
and rules are adopted and shall be in force and effect as part of this municipal
code. The provisions of these codes, in addition to their individual scoping
provisions found therein, shall also apply to demolition of structures, equipment
and systems regulated by such codes:
1. Under the authority of ORS 455.150 (effective 9/5/95), the City of Tigard
administers those specialty codes and building requirements adopted by the
state which the City of Tigard is granted authority to administer, including: the
Structural, Mechanical, Plumbing, Electrical and Residential Specialty Codes;
mobile or manufactured dwelling parks requirements; temporary parks
requirements; manufactured dwelling installation, support and tiedown
requirements and park or camp requirements (as listed in ORS 455.153);
(Ord. 90-14 §1; Ord. 93-04 §1; Ord. 96-10; Ord. 99-04; Ord. 01-25; Ord. 04-
10; Ord. 05-06)
14.16.080 Housing Maintenance Requirements, Generally.
No owner shall maintain or permit to be maintained any residential property
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
which does not comply with the requirements of this chapter. All residential
property shall be maintained to the building code requirements in effect at the
time of construction, alteration, or repair and shall meet the minimum
requirements described in this chapter.
(Ord. 99-02)
14.16.110 Roofs.
The roof shall be structurally sound, tight, and have no defects which might admit
rain. Roof drainage shall be adequate to prevent rainwater from causing
dampness in the walls or interior portion of the building and shall channel
rainwater into approved receivers.
(Ord. 99-02)
14.16.140 Exterior Walls and Exposed Surfaces.
A. Every exterior wall and weather-exposed exterior surface or attachment shall
be free of holes, breaks, loose or rotting boards or timbers and any other
conditions which might admit rain or dampness to the interior portions of the
walls or the occupied spaces of the building.
B. All exterior wood surfaces shall be made substantially impervious to the
adverse effects of weather by periodic application of an approved protective
coating of weather-resistant preservative, and be maintained in good condition.
Wood used in construction of permanent structures and located nearer than six
inches to earth shall be treated wood or wood having a natural resistance to
decay.
C. Exterior metal surfaces shall be protected from rust and corrosion.
D. Every section of exterior brick, stone, masonry, or other veneer shall be
maintained structurally sound and be adequately supported and tied back to its
supporting structure.
(Ord. 99-02)
14.16.170 Windows.
A. Every habitable room shall have at least one window facing directly to an
exterior yard or court or shall be provided with approved artificial light. Except
where approved artificial light is provided, the minimum total glass area for each
habitable room shall be 6.8 percent of the room's floor area, except for basement
rooms where the minimum shall be 5 percent. These exceptions to the current
code shall not apply where any occupancy has been changed or increased
contrary to the provisions of this chapter.
B. Every habitable room shall have at least one window that can be easily
opened or another approved device to adequately ventilate the room. Except
where another approved ventilation device is provided, the total openable
window area in every habitable room shall be equal to at least one-fortieth of the
area of the room. Windows required for secondary escape purposes in sleeping
rooms must also meet the requirements outlined in Subsection 14.16.170(D).
C. Every bathroom and toilet compartment shall comply with the light and
ventilation requirements for habitable rooms as required by
Subsections 14.16.170(A) and (B), except that no window shall be required in
bathrooms or toilet compartments equipped with an approved ventilation system.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
D. Windows in sleeping rooms that are provided to meet emergency escape or
rescue requirements described in Section 14.16.300(A) shall have a sill height of
no more than 44 inches above the floor or above an approved, permanently
installed step. The step must not exceed 12 inches in height and must extend the
full width of the window. The top surface of the step must be a minimum of six
feet from the ceiling above the step.
E. Windows in sleeping rooms that are provided to meet emergency escape or
rescue requirements described in Section 14.16.300(A) shall have a minimum
net clear opening at least 20 inches wide, at least 22 inches high, and, if
constructed after July 1, 1974, at least five square feet in area.
F. Every window required for ventilation or emergency escape shall be capable of
being easily opened and held open by window hardware. Any installed storm
windows on windows required for emergency escape must be easily openable
from the inside without the use of a key or special knowledge or effort.
G. All windows within 10 feet of the exterior grade that open must be able to be
securely latched from the inside as well as be openable from the inside without
the use of a key or any special knowledge or effort. This same requirement shall
apply to all openable windows that face other locations that are easily accessible
from the outside, such as balconies or fire escapes, regardless of height from the
exterior grade.
H. Every window shall be substantially weather-tight, shall be kept in sound
condition and repair for its intended use, and shall comply with the following:
1. Every window sash shall be fully supplied with glass window panes or an
approved substitute without open cracks and holes.
2. Every window sash shall be in good condition and fit weather-tight within its
frames.
3. Every window frame shall be constructed and maintained in relation to the
adjacent wall construction so as to exclude rain as completely as possible and to
substantially exclude wind from entering the dwelling.
(Ord. 99-02)
14.16.180 Doors.
A. Every dwelling or dwelling unit shall have at least one door leading to an
exterior yard or court, or in the case of a two-family dwelling or apartment, to an
exterior yard or court or to an approved exit. All such doors shall be openable
from the inside without the use of a key or any special knowledge or effort. All
screen doors and storm doors must be easily openable from the inside without
the use of a key or special knowledge or effort.
B. In hotels and apartment houses, exit doors in common corridors or other
common passageways shall be openable from the inside with one hand in a
single motion, such as pressing a bar or turning a knob, without the use of a key
or any special knowledge or effort.
C. Every door to the exterior of a dwelling unit shall be equipped with a lock
designed to discourage unwanted entry and to permit opening from the inside
without the use of a key or any special knowledge or effort.
D. Every exterior door shall comply with the following:
1. Every exterior door, door hinge, door lock, and strike plate shall be maintained
in good condition.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
2. Every exterior door when closed, shall fit reasonably well within its frame and
be weather-tight.
3. Every door frame shall be constructed and maintained in relation to the
adjacent wall construction so as to exclude rain as completely as possible, and to
substantially exclude wind from entering the dwelling.
E. Every interior door and door frame shall be maintained in a sound condition for
its intended purpose with the door fitting within the door frame.
(Ord. 99-02)
14.16.190 Interior Walls, Floors, and Ceilings.
A. Every interior wall, floor, ceiling, and cabinet shall be constructed and
maintained in a safe and structurally sound condition, free of large holes and
serious cracks, loose plaster or wallpaper, flaking or scaling paint, to permit the
interior wall, floor, ceiling and cabinet to be kept in a clean and sanitary condition.
B. Every toilet compartment, bathroom, and kitchen floor surface shall be
constructed and maintained to be substantially impervious to water and to permit
the floor to be kept in a clean and sanitary condition.
(Ord. 99-02)
14.16.200 Interior Dampness.
Every dwelling, including basements, and crawl spaces shall be maintained
reasonably free from dampness to prevent conditions conducive to decay, mold
growth, or deterioration of the structure.
(Ord. 99-02)
14.16.210 Insect and Rodent Harborage.
Every dwelling shall be kept free from insect and rodent infestation, and where
insects and rodents are found, they shall be promptly exterminated. After
extermination, proper precautions shall be taken to prevent reinfestation.
(Ord. 99-02)
14.16.220 Cleanliness and Sanitation.
The interior of every dwelling shall be constructed in a safe and structurally
sound condition to permit the interior to be maintained in a clean and sanitary
condition. The interior of every dwelling shall be free from accumulation of
rubbish or garbage which is affording a breeding ground for insects and rodents,
producing dangerous or offensive gases, odors and bacteria, or other unsanitary
conditions, or a fire hazard.
(Ord. 99-02)
14.16.260 Heating Equipment and Facilities.
A. All heating equipment, including that used for cooking, water heating, dwelling
heat, and clothes drying shall be:
1. Properly installed, connected, and maintained in safe condition and good
working order,
2. Free from leaks and obstructions and kept functioning properly so as to be free
from fire, health, and accident hazards; and
3. Capable of performing the function for which they are designed.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
B. Every dwelling shall have a heating facility capable of maintaining a room
temperature of 68 degrees Fahrenheit at a point 3 feet from the floor in all
habitable rooms.
1. Portable heating devices may not be used to meet the dwelling heat
requirements of this chapter.
2. No inverted or open flame fuel burning heater shall be permitted. All heating
devices or appliances shall be of an approved type.
(Ord. 99-02)
14.16.270 Electrical System, Outlets, and Lighting.
A. Every dwelling shall be connected to an approved source of electric power.
Every electric outlet and fixture shall be maintained and safely connected to an
approved electrical system. The electrical system shall not constitute a hazard to
the occupants of the building by reason of inadequate service, improper fusing,
improper wiring or installation, deterioration or damage, or similar reasons.
B. In addition to other electrical system components that may be used to meet
cooking, refrigeration, and heating requirements listed elsewhere in this chapter,
the following outlets and lighting fixtures are required:
1. Every habitable room shall contain at least two operable electric outlets or one
outlet and one operable electric light fixture.
2. Every toilet compartment or bathroom shall contain at least one supplied and
operable electric light fixture and one outlet. Every laundry, furnace room, and all
similar nonhabitable spaces located in a dwelling shall have one supplied electric
light fixture available at all times.
3. Every public hallway, corridor, and stairway in apartment houses, hotels and
social care facilities shall be adequately lighted at all times with an average
intensity of illumination of at least one foot candle at principal points such as
angles and intersections of corridors and passageways, stairways, landings of
stairways, landings of stairs and exit doorways, and at least 1/2 foot candle at
other points. Measurement of illumination shall be taken at points not more than
4 feet above the floor.
(Ord. 99-02)
14.16.330 Maintenance of Facilities and Equipment.
A. In addition to other requirements for the maintenance of facilities and
equipment described in this chapter:
1. All required facilities in every dwelling shall be constructed and maintained to
properly and safely perform their intended function.
2. All non-required facilities or equipment present in a dwelling shall be
maintained to prevent structural damage to the building or hazards of health,
sanitation, or fire.
(Ord. 99-02)
14.04.090 Violation—Penalty—Remedies.
A. No person shall erect, construct, enlarge, alter, repair, move, improve, remove,
convert, demolish, equip, occupy or maintain a building or structure in the city, or
cause the same to be done contrary to or in violation of this chapter.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
B. No person shall install, alter, replace, improve, convert, equip or maintain any
mechanical equipment or system in the city, or cause the same to be done
contrary to or in violation to this chapter.
C. No person shall install, alter, replace, improve, convert, equip or maintain any
plumbing or drainage piping work or any fixture or water heating or treating
equipment in the city, or cause the same to be done contrary to or in violation of
this chapter.
D. No person shall install, alter, replace, improve, convert, equip or maintain any
electrical equipment or system in the city, or cause the same to be done contrary
to or in violation of this chapter.
E. Violation of a provision of this chapter shall be subject to an administrative civil
penalty of not more than $5,000 for each offense or, in the case of a continuing
offense, not more than $1,000.00 for each day of the offense and shall be
processed in accordance with the procedures set forth in Section 14.04.095.
F. Each day that a violation of a provision of this chapter exists constitutes a
separate violation.
G. Notwithstanding the other remedies in this chapter, if the building official
determines that any building under construction, mechanical work, electrical
work, or plumbing work on any building or any structure poses an immediate
threat to the public health, safety or welfare, he or she may order the work halted
and the building or structure vacated pending further action by the city and its
legal counsel.
H. The penalties and remedies provided in this section are not exclusive and are
in addition to other penalties and remedies available under city ordinance or
state statute, except that violations of this chapter shall not be charged as civil
infractions and prosecuted in Tigard Municipal Court.
(Ord. 90-08 §4; Ord. 95-16; Ord. 09-16 §1)
105.1 Required Permits
Any owner or owner's authorized agent who intends to construct, enlarge, alter,
repair, move, change the character or use of the occupancy, or change the
occupancy of a building or structure, which is regulated by this code, or to cause
any such work to be performed, shall first make application to the building official
and obtain the required permit. Any owner or owner's authorized agent who
intends to repair and existing fire protection system or life safety system shall first
notify the local building official and obtain any necessary building permit, where
required by the municipality. See ORS 455.020(2).
Exceptions:
1. Construction subject to minor labels and master permits when authorized
by the inspection authority under OAR Chapter 918, Division 100.
2. Temporary (180 days) structural supports, structural replacement or
repairs performed in an emergency on an existing structure. The municipality
shall be notified of this work within 72 hours and permit application for the
temporary work shall be submitted within the next five business days.
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:
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
• 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 HCC2026-0011. 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
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,
Ken Ross
Code Compliance
City of Tigard
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov