From: Dan Zinder
Sent: Wed Sep 28 15:48:07 2016
To: Sadie Cramer
Cc: Gerald Fisher
Subject: RE: fence post holes
Importance: Normal
Thanks Sadie,
Gerald and I chatted about this situation last week. While unfortunate that
Alex responded as he did, this is a civil/private property matter.
Dan Zinder
503.759.0226
503.586.8094 (c)
-----Original Message-----
From: Sadie Cramer [mailto:cityrecorder@cityofmolalla.com]
Sent: Wednesday, September 28, 2016 3:14 PM
To: Dan Zinder <dzinder@cityofmolalla.com>
Subject: FW: fence post holes
Welcome back Dan!
Take a look at this and see if there are any code issues please. Let me know
what you come up with.
Thanks,
Sadie
-----Original Message-----
From: SheriLinn Whitman [mailto:slgwhitman@gmail.com]
Sent: Tuesday, September 27, 2016 9:07 AM
To: cityrecorder@cityofmolalla.com
Subject: fence post holes
Sadie,
Hello. My name is SheriLinn Whitman, my address is 606 S Taylor Ct. My
neighbor spoke with you regarding an upsetting incident I had with the
builder who is building on one of the new lots behind (east) mine. I only
know his first name, Alex, I think the address is 116 E 6th.
On Sunday 9/18/16 I rented a hydraulic auger and dug post holes to fence in
my rear (east) & side (north) yard. The holes are on my side of the
property line. 5 days prior the builder had a concrete contractor pour the
driveway. The dirt was still pulled back and concrete forms were still in
place when I dug my holes.
On Monday 9/19/16 I have no doubt that the builder was aware of the holes
since I noticed some dirt had been spread near the one at se corner. The
dirt was still coned around all the holes so people would see them and not
accidentally step in a 2 foot hole they didn’t know was there. I really
didn’t want anyone breaking an ankle.
On Tuesday 9/20/16 afternoon I came home and saw the concrete forms removed,
dirt had been added and completely smoothed out from the driveway right up
to the property line. My holes were 3/4 full of dirt and the “coning”
completely leveled on that side.
I drove down to city offices to ask for his phone number, I was quite upset.
I had taken great care to not make any contact with the concrete as I
muscled the towable hydraulic auger along that side. Several weeks prior I
had talked with him about a contractor I had intended to hire to dig the
holes being able to dig from his side and he said that was fine. I have a
temporary T post wire fence in place just inside the property line for my
dog. I was very upset that he hadn’t used more care in maintaining the
holes I had dug. The fence benefits his property and I am the one spending
the money and doing the work.
I belive I spoke Gerald, I think that was his name, he said he couldn’t give
me the builder’s number but he could pass on my number and have him call me.
I returned to my home and started digging the holes out. The builder didn’t
call, instead he drove up onto part of his property. He got out striving
across the concrete pointing at my garden cart and said “you are
trespassing, get the fuck off my property!”. Conversation/yelling match
went down like this. He said he didn’t put that dirt in there, he was the
one who spread the dirt and leveled off the are. The dirt fell in on its
own because he said “you didn’t do it right!”. I mentioned that the other
14 holes I dug the dirt didn’t just fall in on its own. He reiterated “you
didn’t do it right, not my fault the dirt just fell in"
I do not think he shoved dirt directly into the hole. However he did
intentionally spread the dirt out right up to the hole knowing full well
what he was doing was making dirt fill up the holes.
I had to move my temporary fence so I can work without touching his side of
the property. I am not really out any money, I will just have to spend
extra time digging more dirt out of those holes than i would have had to.
My dealings with him leaves me with the opinion he wants one-sided when
dealing with neighboring homeowners. He is not a nice person, at least to
me anyways, he seemed to be nice before the original property got divided.
My opinion he got what he wanted so he doesn’t have to play fair with the
neighbors, however I believe he expects the neighbors to play fair with him.
It is just me and my dog and I do worry about paybacks, especially with his
body language when he told me to get the fuck off his property. He didn’t
break any laws and he has every right to spread the dirt as he did.
SheriLinn Whitman