RE_ DCC2019-00036_ U-Haul Code Violation_ City of Tigard-ODOT 8_13_2019 1.msg Debbie Manning
From: Shelby Rihala
Sent: Wednesday, August 14, 2019 9:29 AM
To: Ken Ross
Cc: Tom McGuire; Albert Shields; Schuyler Warren
Subject: RE: DCC2019-00036: U-Haul Code Violation: City of Tigard-ODOT 8/13/2019
Hi Ken,
Double check this with Tom, but I'd propose:
Because the City of Tigard is not the permitting authority for encroachments or signage in ODOT's right-of-way, it is
unclear what authority the City has to pursue enforcement actions for these types of alleged violations. As such,the
City will defer to ODOT to pursue enforcement actions for these types of complaints.
Thanks,
Shelby
From: Ken Ross
Sent: Wednesday, August 14, 2019 9:24 AM
To:Shelby Rihala <shelbyr@tigard-or.gov>
Cc:Tom McGuire<Tom M @tigard-or.gov>; Albert Shields<albert@tigard-or.gov>; Schuyler Warren <SchuylerW@tigard-
or.gov>
Subject: FW: DCC2019-00036: U-Haul Code Violation: City of Tigard-ODOT 8/13/2019
Shelby,
I just spoke with Jim Bailey with ODOT and informed him that we wont be pursuing enforcement against U-Haul and
Blackrock Coffee for encroachment into ODOT right-of-way without an IGA.Jim asked me to declare our position in
writing. Can you respond to this?
Thanks,
Ken
From: BAILEY James G <James.G.BAILEY@odot.state.or.us>
Sent: Wednesday, August 14, 2019 9:11 AM
To: Ken Ross<kenro@tgard-or.gov>
Subject: FW: DCC2019-00036: U-Haul Code Violation: City of Tigard-ODOT 8/13/2019
Caution! This message was sent from outside your organization. Allow sender I Block sender
Hello Ken,
Here is the Email I sent to Randal Studer U-Haul Attorney.
Thank you,
Jim
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From: Randal Studer<Randal Studer@uhaul.com>
Sent:Tuesday, August 13, 2019 3:32 PM
To: BAILEY James G <James.G.BAILEY@odot.state.or.us>
Subject: Re: DCC2019-00036: U-Haul Code Violation: City of Tigard-ODOT 8/13/2019
James - the vehicles and barrier that you speak of have been in place for 40 yrs. What is the issue?
Randal W. Studer,Jr.
Assistant General Counsel
U-Haul International, Inc.
2727 North Central Avenue
Phoenix, AZ 85004
(480) 887-9819
randal studer@uhaul.com
From: BAILEY James G <James.G.BAILEY@odot.state.or.us>
Sent:Tuesday, August 13, 2019 1:33 PM
To: Randal Studer<Randal Studer@uhaul.com>
Subject: FW: DCC2019-00036: U-Haul Code Violation: City of Tigard-ODOT 8/13/2019
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Good afternoon Mr. Studer,
It has been brought to our attention that the U-Haul property at 11552 SW Pacific Hwy in Tigard is
encroaching into ODOT ROW. Those vehicle will need to be move out of the ODOT ROW per ORS 811.580. If
you would like to meet on site to discuss things please let me know. Feel free to contact me if you have any
questions.
Thank you,
TOr�grarte artmea#
f arrspvrtatlan
Jim Bailey
2B Permit Specialist
9200 Lawnfield rd
Clackamas Or 97015
Office 971-673-6216
Cell 503-539-6679
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E-mail James.G.Bailey@odot.state.or.us
From: Ken Ross <kenro@tigard-or.gov>
Sent: Tuesday, August 13, 2019 8:22 AM
To: BAILEY James G <James.G.BAILEY@odot.state.or.us>
Subject: FW: DCC2019-00036: U-Haul Code Violation: City of Tigard
Hi Jim,
We received this response from U-Haul regarding their encroachment into the right-of-way. Please confirm
encroachment and advise.
Thanks,
Ken
From: Randal Studer<Randal Studer@uhaul.com>
Sent: Monday, August 12, 2019 1:54 PM
To: Code Compliance <CodeCompliance@tigard-or.gov>
Cc: Sam Nylen <sam nylen@uhaul.com>; Shannon Marvin-Christopherson <shannon marvin@uhaul.com>;
Scheila Wright <scheila wright@uhaul.com>; Allison Castro <allison lunsford-castro@uhaul.com>
Subject: DCC2019-00036: U-Haul Code Violation: City of Tigard
Hello Kim,
My name is Randal Studer and I am an attorney with U-Haul. I have reviewed the City's letter dated July 25
alleging that the U-Haul property at 11552 SW Pacific Hwy in Tigard violates multiple code provisions,
including: obstructing streets; abandoning personal property in a right of way; encroachment; and obstructing a
sidewalk. By this email, we formally object to the allegations, as they are baseless.
The U-Haul property has maintained its existing layout since at least the 1970s. In those 40+years, we have
been a fantastic neighbor to the community. Needless to say, receipt of the City's letter sudden and unprompted
determination that our use suddenly violates the Code is mystifying.
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I am happy to discuss the matter with you at your earliest convenience.
Randal W. Studer,Jr.
Assistant General Counsel
U-Haul International, Inc.
2727 North Central Avenue
Phoenix, AZ 85004
(480) 887-9819
randal studer@uhaul.com
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