HomeMy WebLinkAboutDCC2026-0012 - Violator Letter 1.2 - 4-8-2026 III
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TIGARD
City of Tigard
Wednesday, April 8, 2026
The Fountains at Summerfield HOA Board
The Fountains, Box 6
10650 SW Summerfield Drive
Tigard, OR 97224
RE: Code Compliance Record Number: DCC2026-0012
Dear The Fountains at Summerfield HOA Board:
This requests your cooperation in resolving a complaint that we have received
regarding your property at 15655 SW 114TH CT Unit:14 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:
14.16.040 Application of Titles 14 and 18
14.16.080 Housing Maintenance Requirements, Generally.
14.16.330 Maintenance of Facilities and Equipment.
14.16.190 Interior Walls, Floors, and Ceilings.
14.04.030 State Codes Adopted
1206.2 Airborne sound.
1206.3 Structure-Borne Sound
3404 (IEBC Section 401.2)
105.1 Required Permits
14.04.090 Violation—Penalty—Remedies.
6.02.410 Prohibition on Excessive Noise.
6.02.430 Noise Limits.
6.02.440 Prohibited Noises.
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 excessive noise is being generated due to a
flooring change on your property which altered or failed to maintain original acoustic
performance required at the time of construction.
Please conduct appropriate maintenance and repairs on your property to restore
acoustic performance required at the time of construction.
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.
14.16.040 Application of Titles 14 and 18.
Any alterations to buildings, or changes of their use, which may be a result of
the enforcement of this chapter shall be done in accordance with applicable
Sections of Title 14 (Buildings and Construction) and Title 18 (Zoning) of the
Code of the City of Tigard.
(Ord. 99-02)
14.16.080 Housing Maintenance Requirements, Generally.
No owner shall maintain or permit to be maintained any residential property
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)
14.16.330 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)
14.16.190 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.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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)
14.04.030 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);
OSSC 1206.2 Airborne sound.
Walls, partitions and floor-ceiling assemblies separating dwelling units and
sleeping units from each other or from public or service areas shall have a
sound transmission class of not less than 50 where tested in accordance with
ASTM Ego, or have a Normalized Noise Isolation Class (NNIC) rating at not less
than 43 it field tested, in accordance with ASTM E336 for airborne noise.
Alternatively, the sound transmission class of walls, partitions and floor-ceiling
assemblies shall be established by engineering analysis based on a comparison
of walls, partitions and floor-ceiling assemblies having sound transmission class
ratings as determined by the test procedures set forth in ASTM E90.
Penetrations or openings in construction assemblies for piping; electrical
devices; recessed cabinets; bathtubs; soffits; or heating, ventilating or exhaust
ducts shall be sealed, lined, insulated or otherwise treated to maintain the
required ratings. This requirement shall not apply to entrance doors; however,
such doors shall be tight fitting to the frame and sill.
OSSC Section 1206.3 (Structure-Borne Sound)
Floor-ceiling assemblies between dwelling units and sleeping units or between
a dwelling unit or sleeping unit and a public or service area within the structure
shall have an impact insulation class rating of not less than 50 where tested in
accordance with ASTM E492, or have a Normalized Impact Sound Rating
(NISR) of not less than 45 if field tested in accordance with ASTM E1007.
Alternatively, the impact insulation class of floor-ceiling assemblies shall be
established by engineering analysis based on a comparison of floor-ceiling
assemblies having impact insulation class ratings as determined by the test
procedures in ASTM E492.
OSSC Section 3404 (IEBC Section 401.2)
The following provisions replace the indicated sections in the IEBC.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
IEBC 401.2 Compliance. The work shall not make the building less complying
than it was before the repair was undertaken.
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.
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.
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.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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)
6.02.410 Prohibition on Excessive Noise.
A. No person shall make, assist in making, permit, continue or permit the
continuance of any noise within the City of Tigard in violation of this article.
B. No person shall cause or permit any noise to emanate from property under
that person's control in violation of this article.
(Ord. 12-02 §1)
6.02.430 Noise Limits.
It is unlawful for any person to produce, or permit to be produced, sounds which:
A. When measured at the boundary of or within a property on which a
noise-sensitive unit, not the source of the sound, is located, exceeds: 1.
40 dB at any time between 10 p.m. and 7 a.m. the following day, or
2. 50 dB at any time between 7 a.m. and 10 p.m. the same day; or
B. Is plainly audible at any time between 10 p.m. and 7 a.m. the following
day within a noise-sensitive unit which is not the source of sound; or
C. Is unnecessarily loud within a noise-sensitive unit which is not the source
of the sound;
D. When measured at or within the boundary of or within a property on
which no noise-sensitive unit is located, and the noise originates from outside
the property, the noise level exceeds:
1. 60 dB at any time between 10 p.m. and 7 a.m. of the following day, or
2. 75 dB at any other time;
E. If within a park, street or other public place, is unnecessarily loud at a
distance of 100 feet. (Ord. 12-02 §1)
6.02.440 Prohibited Noises.
A. Use of exhaust brakes (jake brakes), except in an emergency or except
when used by a person operating an emergency services vehicle equipped with
a muffled compression braking system, is prohibited at all times within the city,
regardless of noise level.
B. Except as provided in Section 6.02.450, the following acts are violations
of this article if they exceed the noise limits specified in Section 6.02.430: 1.
Sounding of any horn or signal device or any other device on any automobile,
motorcycle, truck, bus or other vehicle while in motion, except as a danger
signal;
2. Operation of sound-producing devices such as, but not limited to, musical
instruments, loudspeakers, amplifying devices, public address systems, radios,
tape recorders and/or tape players, compact disc players, phonographs,
television sets and stereo systems, including those installed in or on vehicles; 3.
Operation of any gong or siren upon any vehicle, other than police, fire or other
emergency vehicle, except during sanctioned parades;
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
4. Use of any automobile, motorcycle or other vehicle so out of repair or in such
a manner as to create loud or unnecessary sounds, grating, grinding, rattling
or other noise;
5. Keeping of any animal or bird that creates noise in excess of the levels
specified in Section 6.02.430;
6. Operation of air conditioning or heating units, heat pumps, refrigeration units
(including those mounted on vehicles) and swimming pool or hot tub pumps; 7.
Erection (including excavation), demolition, alteration or repair of any building,
except as allowed under Sections 6.02.450.E and 6.02.450.F;
8. Use or creation of amplified sound in any outdoor facility;
9. Any other action that creates or allows sound in excess of the level allowed by
Section 6.02.430.
(Ord. 12-02 §1)
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 DCC2026-0012. 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
503-718-2581
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov