HomeMy WebLinkAboutRE_ signs everywhere to complainant 9-25-2024 From: Ken Ross
Sent: Wednesday, September 25, 2024 1:16 PM
To: Josh Kehler
Cc: Brian Orth; Planner on Duty; Danelle Hauther; Sean Farrelly; Steve Rymer; Sambo
Kirkman; Schuyler Warren; Susan Shanks
Subject: RE: signs everywhere
Hi Josh,
Thank you for your follow-up question. I understand your concerns about the banner sign advertising kratom, especially
given the controversy surrounding it. While the sale of kratom is restricted or illegal in some states, it is currently legal in
Oregon, so the content of the banner alone does not constitute a violation of our sign code.
Regarding the regulation of sign content,the City's ability to regulate what is displayed on signs is limited by the First
Amendment, which protects most forms of free speech, including commercial speech like advertising. While we can
regulate the size, placement, and duration of signs, restrictions on the content are much narrower.The only content-
based regulations we can enforce are for signs that are obscene, incite illegal activity, or mislead the public, such as
unauthorized traffic signs.As long as the content does not violate these standards, it is constitutionally protected, even
if it advertises a controversial product.
We do take the appearance of Main Street seriously, and while the Kratom banner sign might not violate content
standards, it must still adhere to the regulations regarding sign placement, such as whether it encroaches on the right-
of-way or obstructs pedestrian traffic. If you believe the sign is in violation of any of these placement rules,we can
investigate further.
Please let me know if you have additional questions or concerns.
Best regards,
Ken
From:Josh Kehler<josh@oregonrifleworks.com>
Sent: Wednesday, September 25, 2024 12:23 PM
To: Ken Ross<kenro@tigard-or.gov>
Cc: Brian Orth <Brian.Orth@tigard-or.gov>; Planner on Duty<tigardplanneronduty@tigard-or.gov>; Danelle Hauther
<danelle.hauther@tigard-or.gov>; Sean Farrelly<Sean@tigard-or.gov>; Steve Rymer<stever@tigard-or.gov>
Subject: RE: signs everywhere
So what you are telling me is that a large feather sign selling what is an illegal substance in 7 states staked into
public/city property is okay? So is the city advertising kratom? I'm not trying to argue with you Ken. Its just
ridiculous that no one at the city cares about the continuing altering of Main Street and its appearance.
From: Ken Ross<kenro@tigard-or.gov>
Sent: Monday, September 23, 2024 10:06 AM
To:Josh Kehler<josh@oregonrifleworks.com>
Cc: Brian Orth <Brian.Orth@tigard-or.gov>; Planner on Duty<tigardplanneronduty@tigard-or.gov>; Danelle Hauther
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<danelle.hauther@tigard-or.gov>; Sean Farrelly<Sean@tigard-or.gov>
Subject: RE: signs everywhere
Hi Josh,
Thank you for your email. I understand your frustration, and I'd like to clarify how our code compliance process works.
Code Compliance is a complaint-driven program,which means we rely on the public to inform us of potential violations.
We accept that these complaints are made in good faith, and while we generally do not accept mass submissions that
canvas multiple properties at once, we did process the 10 complaints you submitted regarding signage on Main Street.
Most of the reported property owners responded, and the signage appears to be in compliance with the applicable
regulations, including exemptions for certain temporary and banner signs.
It is part of the complainant's responsibility to follow up if they believe the issue remains unresolved after we've
conducted our investigation. This is outlined in the letters we send out, which provide an opportunity to update us on
any continued concerns. While this can create additional work for complainants, processing multiple simultaneous
requests also places a significant burden on the City's limited staff resources.
If you believe that specific properties remain out of compliance, I encourage you to provide further information or
evidence, and we will review the situation on a case-by-case basis.
Thank you again for your efforts to keep Tigard a great place to live, and please feel free to reach out if you have any
further questions.
Best regards,
Ken
From:Josh Kehler<josh@oregonrifleworks.com>
Sent: Monday, September 23, 2024 9:26 AM
To: Ken Ross<kenro@tigard-or.gov>
Cc: Brian Orth <Brian.Orth@tigard-or.gov>; Planner on Duty<tigardplanneronduty@tigard-or.gov>; Danelle Hauther
<danelle.hauther@tigard-or.gov>; Sean Farrelly<Sean@tigard-or.gov>
Subject: RE: signs everywhere
Ken,
"However,to address any potential code violations, I kindly request that you specifically identify the properties
you believe are in violation and, if possible, provide any evidence of the alleged violations."
Quite frankly I think this is your job. When notified of a possible crime the police department doesn't request that I
identify the violation and provide evidence.Just sayin.
Regards
Josh
From: Ken Ross<kenro@tigard-or.gov>
Sent: Monday, September 23, 2024 8:23 AM
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To:Josh Kehler<josh@oregonrifleworks.com>
Cc: Brian Orth <Brian.Orth@tigard-or.gov>; Planner on Duty<tigardplanneronduty@tiBard-or.Bov>; Danelle Hauther
<danelle.hauther@tiBard-or.Bov>; Sean Farrelly<Sean@tiBard-or.Bov>
Subject: RE: signs everywhere
Hi Josh,
Thank you for your follow-up email and I apologize for any confusion regarding the public records request
results. The records provided by Julie reflect permits issued specifically for wall signs within the
timeframe you requested. It appears that the signage on Main Street, which you've mentioned, falls
under exemptions listed in our code. Specifically, some of the temporary signs and banners may not
require permits due to exemptions under Tigard Municipal Code 18.435.060 and 18.435.100,
particularly in the MU-CBD zone, where banner signs in the right-of-way are exempt under certain
conditions.
I understand your concerns about the appearance of Main Street. However, to address any potential
code violations, I kindly request that you specifically identify the properties you believe are in violation
and, if possible, provide any evidence of the alleged violations.We will review each reported property on
a case-by-case basis to ensure compliance. If you have any questions, please call me at 503-718-2581.
Thank you for your diligence and attention to this matter.
Best regards,
Ken
From:Josh Kehler<josh@oregonrifleworks.com>
Sent:Thursday, September 19, 2024 1:32 PM
To: Ken Ross<kenro@tiBard-or.Bov>
Cc: Brian Orth <Brian.Orth@tiBard-or.gov>; Planner on Duty<tigardplanneronduty@tiBard-or.Bov>; Danelle Hauther
<danelle.hauther@tigard-or.gov>; Sean Farrelly<Sean@tiBard-or.Bov>
Subject: RE: signs everywhere
Some people who received this message don't often get email from iosh@oregonrifleworks.com.Learn why this is important
Ken,
I requested per the FOIA all the signage permits for the last 90 days. Per Julies email response below"all of the
sign permits for the date range that you have requested are for wall signs only". I've attached the sign permit list
above. I'm not sure where the miscommunication is but you stated that "permits were issued". All of the signs
remain on Main Street in the same locations that I spoke with you about 3 months ago.
One would think after spending millions of dollars on Main Street the city would not want it looking like a swap
meet with sandwich boards all over the sidewalks.
Josh
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Hello Josh Kehler
Per your request, attached please find the list of sign permits for the months of June,July, and August, 2024. Please
note that all of the sign permits for the date range that you have requested are for wall signs only.
Thank you
Julie Drinkwater
Records Management Specialist
City of Tigard City Recorder / Records Division
13125 SW Hall Blvd
Tigard, OR 97223
From:Josh Kehler
Sent: Monday, August 19, 2024 9:45 AM
To: Ken Ross<kenro@tigard-or.gov>
Cc: Brian Orth <Brian.Orth@tigard-or.gov>; Planner on Duty<tigardplanneronduty@tigard-or.gov>; Danelle Hauther
<danelle.hauther@tigard-or.gov>; Sean Farrelly<Sean@tigard-or.gov>
Subject: RE: signs everywhere
Sounds great. Does the city have an employee that walks Main Street regularly to ensure that businesses are in
compliance?
From: Ken Ross<kenro@tigard-or.gov>
Sent:Thursday,August 15, 2024 2:00 PM
To:Josh Kehler<josh@oregonrifleworks.com>
Cc: Brian Orth <Brian.Orth@tigard-or.gov>; Planner on Duty<tigardplanneronduty@tigard-or.gov>; Danelle Hauther
<danelle.hauther@tigard-or.gov>; Sean Farrelly<Sean@tigard-or.gov>
Subject: RE: signs everywhere
Hi Josh,
Most of the reported business owners downtown checked with Planning and were either told their signs were exempt,
issued permits or were instructed to make some minor corrections with their signs to be in compliance. If you have a
specific property you believe is in violation of the sign code, please let us know. If you have any questions about signs
and what is allowed in the downtown area,you can contact the City of Tigard Planner on Duty at 503-718-2421.
If you have any additional questions, please call me at 503-718-2581.
Thank you,
Ken
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From:Josh Kehler<iosh@oregonrifleworks.com>
Sent:Thursday,August 15, 2024 1:41 PM
To: Ken Ross<kenro@tigard-or.gov>
Cc: Brian Orth <Brian.Orth@tigard-or.gov>
Subject: RE: signs everywhere
Hey Ken,
Just circling back around on this. Its been 20 calendar days and I still see all the sandwich signs all over Main
Street. In fact...Beach Hut Deli has tied strings of lights from their building to the trees on Main Street. In order to
maintain a clean, nice downtown area the city codes must be enforced.
Josh
From: Ken Ross<kenro@tigard-or.Rov>
Sent:Tuesday,July 16, 2024 7:15 AM
To:Josh Kehler<josh@oregonrifleworks.com>
Cc: Brian Orth <Brian.Orth@tigard-or.gov>
Subject: RE: signs everywhere
Hi Josh,
Thank you for bringing these code compliance concerns to our attention. We have processed all ten of your reported
addresses on Main Street. However, I need to explain the importance of following our standard protocol for submitting
complaints. Each code compliance request must be submitted online or individually using the attached form to ensure
due process and the integrity of our complaint-driven program.This procedure allows us to document each case
accurately,track the progress of individual investigations, and ensure that all complaints are addressed fairly and
systematically.Adhering to this protocol helps maintain transparency, protects the rights of property owners, and
ensures that each concern is given the attention it deserves. We appreciate your cooperation in using the proper
submission procedure for future complaints.
If you have any questions, please call me at 503-718-2581.
Thank you,
Ken
From:Josh Kehler<iosh@oregonrifleworks.com>
Sent: Wednesday,July 3, 2024 1:28 PM
To: Ken Ross<kenroPtigard-or.Rov>
Cc: Brian Orth <Brian.Orth@tigard-or.gov>
Subject: RE: signs everywhere
Hey Ken,
Here is a list of all the addresses that have sandwich signs, placards, big wind sign, etc. on Main Street.
12215
12230
12285
12289
5
12553
12562
12559
12550
12436
12394
As you can see it's quite a list which is why I'm bringing it to your attention.
Let me know if you need anything else from me.
Thanks
Josh
From: Ken Ross<kenro@tigard-or.gov>
Sent: Monday,July 1, 2024 11:18 AM
To:Josh Kehler<iosh@oregonrifleworks.com>
Cc: Brian Orth <Brian.Orth@tigard-or.gov>
Subject: RE: signs everywhere
Hi Josh,
Thank you for your suggestion. While it might seem more efficient to distribute reminder statements to businesses, our
code compliance process is driven by due process, which ensures fairness and transparency.This process requires us to
respond to each reported concern individually,verifying specific violations and documenting each case separately. By
completing a code compliance request form for each property, we can ensure that every business is treated fairly and
that any enforcement actions are based on documented evidence of non-compliance.This approach not only upholds
the integrity of our municipal code but also protects the rights of business owners by ensuring they are properly
informed and given the opportunity to address any violations.
If you have any questions, please let me know.
Thanks,
Ken
From:Josh Kehler<iosh@oregonrifleworks.com>
Sent: Monday,July 1, 2024 11:10 AM
To: Ken Ross<kenro@tigard-or.gov>
Cc: Brian Orth <Brian.Orth@tigard-or.gov>
Subject: RE: signs everywhere
Just an idea. Wouldn't it be easier just to print out a reminder statement and walk main street for an hour handing
them to the businesses that aren't in compliance? I appreciate your offer to help fill out the forms. Thanks for your
help on this matter. I really appreciate it.
Josh
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From: Ken Ross<kenro@tgard-or.gov>
Sent: Monday,July 1, 2024 11:04 AM
To:Josh Kehler<iosh@oregonrifleworks.com>
Cc: Brian Orth <Brian.Orth@tgard-or.gov>
Subject: RE: signs everywhere
Hi Josh,
Thank you for the follow up email.You can complete and submit the attached code compliance request form or submit a
code compliance request online for each reported property, or you can provide me with each separate address so I can
check for permits and, if necessary, complete code compliance requests on your behalf.
https://www.tigard-or.gov/your-government/departments/community-development/code-compliance
If you have any questions, please call me at 503-718-2581.
Thanks again for all your help,
Ken
From:Josh Kehler<iosh@oregonrifleworks.com>
Sent: Friday,June 28, 2024 11:55 AM
To: Ken Ross<kenroPtigard-or.gov>
Cc: Brian Orth <Brian.Orth@tgard-or.gov>
Subject: signs everywhere
Like my last email. People have began putting up signs everywhere for their businesses on Main Street on public
property. From what I can see this is in violation of the city code regarding signage. Here are pics from just a few
near me.
Josh
Josh Kehler
josh4oregonrifleworks.com
OREGON p.503-352-9552•f.503-941-5316
RIPLEWORKS 12260 Sw Main St ♦Tigard.OR 97223
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