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HomeMy WebLinkAboutNCC2026-0118 - Violator Letter 1 - 6-17-2026 1111 � q TIGARD City of Tigard Wednesday, June 17, 2026 SHLEIFER PROPERTIES LLC 11875 SW PACIFIC HWY TIGARD OR 97223 RE: Code Compliance Record Number: NCC2026-0118 Dear SHLEIFER PROPERTIES LLC: This requests your cooperation in resolving a complaint that we have received regarding your property at 11875 SW PACIFIC HWY in Tigard, Oregon. 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: 18.750.020 Applicability (Food Carts). 18.750.030 General Provisions (Food Carts). 18.750.040 Approval Process (Food Carts). 18.750.050 Approval Criteria (Food Carts). 18.750.060 Food Cart Standards. 18.750.070 Food Cart Pod Standards. 18.20.040 Violations. 5.04.040 Prohibited Business Operation. 5.04.050 One Act Constitutes Doing Business. 5.04.190 Penalties. Specifically, it has been reported that there is unauthorized operation of food carts on your property without land use approval, City of Tigard issued business license, and a Washington County issued food service license. Please obtain land use approval and licensing for the food carts in operation on your property. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov If you have any questions regarding land use approval, City of Tigard issued business license, and Washington County food service license, please contact the City of Tigard Planning Department by phone (503-718-2421), by email at tigardplanneronduty@tigard-or.gov or at 13125 SW Hall Blvd in Tigard. 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. 18.750.020 Applicability (Food Carts). A. Applicability. The provisions of this chapter apply to existing food carts and food cart pods, the siting of new food carts on private property, and the development of new food cart pods. B. Nonconforming circumstances. 1. A food cart that was established prior to January 31, 2025 may continue to operate provided it meets all of the following: a. Indoor Sales and Service uses are allowed in the base zone where the food cart is located and operating; b. The food cart is located on a paved surface; c. The food cart is not connected to permanent utilities; d. The food cart has not moved from the site where it was legally established; and e. The food cart has an adequate means of collecting and containing fats, oils, and grease prior to wastewater discharge. 2. A food cart pod that was established prior to January 31, 2025 may continue to operate provided it meets all of the following: a. Indoor Sales and Service uses are allowed in the base zone where the food cart pod is located and operating; b. All food carts included in the food cart pod are located on paved surfaces; c. The food cart pod has not increased the total number of carts or cart stalls after January 31, 2025; d. The food cart pod has been in continuous operation with no interruption of operations of more than 30 days; and e. The food cart pod has an adequate means of collecting and containing fats, oils, and grease prior to wastewater discharge. C. Exemptions. The provisions of this chapter do not apply to temporary food truck uses. (Ord. 25-01, 1/28/2025) 18.750.030 General Provisions (Food Carts). A. Food carts and food cart pods must maintain an active Tigard business license. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov B. Food carts must be inspected and licensed by the Washington County Environmental Health department. C. Waste containers must be provided and be maintained in sanitary condition. D. All cords, hoses, pipes, cables, and similar items serving food carts must be located and protected in a manner that does not create a tripping hazard. Where these items must be located in pedestrian areas, they must be adequately protected and marked. E. Each new food cart on a property is required to obtain an approval under the provisions of this chapter prior to operation except that food carts located within an approved food cart pod are exempt from individual approvals. (Ord. 25-01, 1/28/2025) 18.750.040 Approval Process (Food Carts). A. Food cart. A food cart application is processed through a Type II procedure as provided in Section 18.710.060. B. Food cart pod. A food cart pod application is processed through a Type II procedure as provided in Section 18.710.060. C. Modifications. Modifications to approved food carts and food cart pods require a new approval under the provisions of this chapter, except that the changing of food carts in approved food carts pods are allowed provided the carts are located in an approved and marked stall. (Ord. 25-01, 1/28/2025) 18.750.050 Approval Criteria (Food Carts). A. The approval authority will approve or approve with conditions a food cart application when all of the standards of Section 18.750.060 are met. B. The approval authority will approve or approve with conditions a food cart pod application when all of the standards of Section 18.750.070 are met. (Ord. 25-01, 1/28/2025) 18.750.060 Food Cart Standards. A. The addition of the food cart must not result in more than three food carts being present on the subject property. B. The food cart must be located on a property with an existing legal nonresidential use. C. The entire footprint of the food cart must be located on a paved surface.D. The food cart must meet a minimum six-foot setback from any street property line. E. The food cart must meet the minimum setback standards along all other property lines that apply to a new nonresidential building in the base zone in which it is located. Where a property is adjacent a residential zone, the food cart must meet a minimum 20-foot setback. F. The food cart must be separated from any other food cart or building on the property by a minimum of five feet. G. The food cart must not obstruct or otherwise make unsafe any areas designed for pedestrian or vehicle movement to, from, or through the property on which the food cart is located. H. The food cart must not be located within any public access or utility easement. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov I. The food cart service window must be oriented such that customer queueing areas do not extend into vehicle maneuvering areas, pedestrian paths, or public rights-of-way. J. The food cart must have wheels and the wheels must remain permanently attached and functional. K. If there are permanent utilities located on the property, hardwired connections between the food cart and the utilities are prohibited. Any connection to utilities must be temporary and capable of being easily and safely disconnected. L. The food cart must include adequate means for the collection and removal of fats, oils, and grease. M. Any canopies, awnings, or other attachments to the food cart must maintain a minimum of seven feet of vertical clearance, be entirely supported by the cart, and must be fully collapsed when the food cart is not in operation. N. Food carts are prohibited in any required vision clearance area, as provided in Chapter 18.930 Vision Clearance Areas. O. Any associated signs must meet the regulations for the base zone as provided in Chapter 18.435, Signs. (Ord. 25-01, 1/28/2025) 18.750.070 Food Cart Pod Standards. A. The food cart pod must be located in a base zone that allows Indoor Sales and Services uses. B. The food cart pod must include at least one permanent building on the property that provides public restrooms. C. Any new building of more than 800 square feet must meet the minimum and maximum setback standards for the base zone. D. The food cart pod must not include more than 20 food cart stalls. E. Each food cart stall must be a maximum of 375 square feet and contain no more than one food cart. F. All food cart stalls must be located on paved areas and all stall locations must be demarcated on the pavement in a permanent manner. G. All food cart stalls must meet a minimum six-foot setback along all street property lines. H. All food cart stalls must meet the minimum setback standards along all other property lines that apply to a new nonresidential building in the base zone in which it is located. Where a property is adjacent to a residential zone, the food cart stall must meet a minimum 20-foot setback. I. All food cart stalls must be separated from other stalls by a minimum of five feet. J. The food cart pod must include centralized on-site facilities for the collection and removal of fats, oils, and grease, as approved by the city engineer. K. Utility connections, including electricity, potable water, and water disposal must be provided at each stall in the form of temporary connection assemblies, such as those used in recreational vehicle parks. Permanent utility connections to carts are not allowed. Water disposal connections must be connected to the required centralized fats, oils, and grease management system. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov L. The site must be arranged and demarcated in a manner to ensure that food cart stalls do not obstruct or otherwise make unsafe any areas designed for pedestrian or vehicle movement to, from, or through the property. M.All food cart stalls and any associated temporary or permanent structures must not be located within any public access or utility easement. N. All food cart service windows must be oriented such that customer queueing areas do not extend into vehicle maneuvering areas, pedestrian paths, or public rights-of-way. O. Any canopies, awnings, or other attachments to any food cart must maintain a minimum of seven feet of vertical clearance and be entirely supported by the cart. P. Temporary awnings or membranes may be used for weather protection over seating areas, provided they are: 1. 200 square feet or less in area, 2. 15 feet in height or less, as measured to the highest point, and 3. Adequately anchored to prevent windthrow. Q. Accessory structures such as covered seating areas must meet the minimum setback standards that apply to a new nonresidential building in the base zone in which it is located. R. Temporary storage containers are prohibited on the property. All storage must be located in permanent buildings and structures. S. Any associated signs must meet the regulations for the base zone as provided in Chapter 18.435, Signs. T. Off-street parking areas must meet the applicable provisions of Chapter 18.410, Off-Street Parking and Loading. U. The food cart pod must meet all other applicable standards of this title. (Ord. 25-01, 1/28/2025) 18.20.040 Violations. A. Violations. It is unlawful to violate any provisions of this title including but not limited to provisions relating to a land use approval or conditions of land use approval. Erection, construction, alteration, maintenance, or use of any building or structure in violation of this title; or use, division, or transfer of any land in violation of this title is prohibited. Each violation of a separate provision of this title constitutes a separate infraction, and each day that a violation of this title is committed or continued constitutes a separate infraction. B. Responsible party. The responsible party is the person responsible for curing or remedying a violation, which includes: 1. The owner of the property, or the owner's manager or agent or other person in control of the property on behalf of the owner; 2. The person occupying the property, including bailee, lessee, tenant, or other person having possession; or 3. The person who is alleged to have committed the acts or omissions, created or allowed the condition to exist, or placed the object or allowed the object to exist on the property. C. Enforcement. In any case where a violation of this title occurs, such violation constitutes a nuisance and a Class I Civil Infraction as provided in Title 6 of the Tigard Municipal Code. The city may remedy the violation by any appropriate means necessary as allowed by the municipal code and available to the city. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov (Ord. 17-22 §2; Ord. 18-23 §2; Ord. 22-06 §2) 5.04.040 Prohibited Business Operation. It shall be unlawful for any persons, either directly or indirectly, to engage in any business without having first obtained a business license and where applicable, a Home Occupation Permit and paying the business license fee as prescribed by this chapter. (Ord. 88-13 §1; Ord. 07-15) 5.04.050 One Act Constitutes Doing Business. For the purpose of this chapter, any persons shall be deemed to be engaging in business or engaging in nonprofit enterprise, and thus subject to the requirements of Section 5.04.040, when undertaking one of the following acts: 1. Selling any goods or service; 2. Soliciting business or offering goods or services for sale, hire, trade or barter; 3. Acquiring or using any vehicle or any premises for business purposes in the city. (Ord. 88-13 §1; Ord. 07-15) 5.04.190 Penalties. 1. Violation of this chapter shall constitute a Class 2 civil infraction which shall be processed according to the procedures established in Chapter 1.16, Civil Infractions of this code. 2. Each violation of a separate provision of this chapter shall constitute a separate infraction, and each day that a violation of this chapter is committed or permitted to continue shall constitute a separate infraction. 3. A finding that a person has committed a civil infraction in violation of this chapter shall not act to relieve the person from payment of any unpaid business license, including delinquent charges, for which the person is liable. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the city. 4. Payment of the business license fee after the complaint and summons is served is not a defense. 5. Any applicant or licensee who fails to make an application for an initial business license, or for renewal of an existing business license along with the appropriate fee for the business license year, prior to the delinquency date as provided below shall be subject to a penalty. For the renewal of an existing business license, the business license fee shall be deemed delinquent if not paid by January 1st of the applicable business license year. If a person begins engaging in business after the start of the business license year, the license fee shall be deemed delinquent if the fee is not paid within 30 days after commencement of the business activity. Whenever the license fee is not paid on or before the delinquent date a penalty of 10% of the license fee due and payable shall be added for each calendar month or fraction thereof that the fee remains unpaid. The total amount of the delinquency penalty for any business license year shall not exceed 100% of the business license fee due and payable for such year. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov 6. If a provision of this chapter is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this chapter. (Ord. 88-13 §1; Ord. 07-15) 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 NCC2026-0118. 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