RE_ DCC2019-00036_ U-Haul Code Violation_ City of Tigard-ODOT 8_13_2019 8-15-2019.msg Debbie Manning
From: Shelby Rihala
Sent: Thursday, August 15, 2019 9:32 AM
To: Albert Shields; Ken Ross
Cc: Tom McGuire; Schuyler Warren
Subject: RE: DCC2019-00036: U-Haul Code Violation: City of Tigard-ODOT 8/13/2019
It's my understanding that the City doesn't typically enforce signs in ODOT's ROW. I'm thinking of campaign signs on
Hall Blvd—when the City gets complaints, don't we typically say that's ODOT's ROW? Also, ODOT has the Oregon
Motorist Information Act which governs signs and permitting of signs on state highways, so that would take precedence
over the City's nuisance code. I'm still thinking that if we're not the permitting agency,then we're also not the
enforcement agency.
Thanks,
Shelby
From:Albert Shields
Sent: Wednesday, August 14, 2019 1:21 PM
To:Shelby Rihala <shelbyr@tigard-or.gov>; Ken Ross<kenro@tigard-or.gov>
Cc:Tom McGuire<Tom M @tigard-or.gov>; Schuyler Warren <SchuylerW@tigard-or.gov>
Subject: RE: DCC2019-00036: U-Haul Code Violation: City of Tigard-ODOT 8/13/2019
Good. I think this is the way to go regarding encroachments: let ODOT enforce against encroachments into their right-
of-way.
Signs in the right-of-way are more problematic because we have issues about signs in the right-of-way for other
properties along Pacific Hwy from time to time. Can we keep these two issues separate, decline to enforce
encroachment issues for ODOT but continue to enforce provisions of the sign code?
TMC 6.03.010, referring to Signs in the Right-of-Way does not distinguish City ROW from ODOT or other ROW, which for
me implies that we can enforce our sign regulations on any ROW. "Placement of a sign in the right-of-way, ... is declared
to be a public nuisance in violation of this title."
Granted,TMC 6.02.340 addresses encroachments in "any dedicated public right-of-way" but the fact that an applicant
must obtain a permit from the city manager in order to create an encroachment means, in my opinion, that our
jurisdiction over encroachments is limited to encroachments onto city rights-of-way.
Albert.
From:Shelby Rihala
Sent: Wednesday, August 14, 2019 9:29 AM
To: Ken Ross<kenro@tigard-or.gov>
Cc:Tom McGuire<TomM@tigard-or.gov>; Albert Shields<albert@tigard-or.gov>; Schuyler Warren <SchuylerW@tigard-
or.gov>
Subject: RE: DCC2019-00036: U-Haul Code Violation: City of Tigard-ODOT 8/13/2019
Hi Ken,
1
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@tigard-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 Block sender
Hello Ken,
Here is the Email I sent to Randal Studer U-Haul Attorney.
Thank you,
Jim
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.
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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,
�regart
0D -?rtmeonrt
of Transportation
Jim Bailey
2B Permit Specialist
9200 Lawnfield rd
Clackamas Or 97015
Office 971-673-6216
Cell 503-539-6679
E-mail James.G.Bailev@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
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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.
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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