From: Dan Zinder

Sent: Fri Jun 02 13:48:50 2017

To: Dan Huff

Cc: Gerald Fisher

Subject: FW:

Importance: Normal

Dan – see below. Let’s briefly touch base after lunch.

Dan Zinder

503.759.0226

503.586.8094 (c)

From: Dan Zinder [mailto:dzinder@cityofmolalla.com]

Sent: Friday, June 02, 2017 1:48 PM

To: Tina Teel <tinateel@molalla.net>

Cc: Rod Lucich <rlucich@molallapolice.com>; Mike Penunuri <penunuri@molallafire.org>; aRodriguez@cityofmolalla.com

Subject: RE:

Hi Tina,

Yes – we’ve been in touch with the owners of 421/23 and 419 Toliver about this and looked into it extensively. I understand it’s frustrating what he’s doing. The problem, even on the civil side, is that the owner of 417 Toliver actually owns that driveway. The easement is for 419. Area Wide Towing did a title search and the easement is not specific enough (it only vaguely requires “access”) and they didn’t think putting signs up would be legal. I.e. they would be towing him on his own property. There’s some language in MMC about fire access but unfortunately the statute is obsolete to the point of being unenforceable.

The owner of 419 may have some recourse on the civil side with an attorney that knows a lot more than I do about how these easements work if she wants to go that route but unfortunately there’s not a lot of recourse your residents have for where he is parking.

On the other hand, if there is somebody living there/squatting (and I’ve heard conflicting reports from the owners about that), that’s a violation we can enforce and should be reported to Dispatch as it occurs.

Also, fyi - we’re finalizing our letter to the 701 owners and will send it out today or Monday morning. Sorry it’s taking a minute but we wanted to be thorough about including relevant storm/wetlands provisions. I’ll include you on what we send.

All the best,

Dan Zinder

503.759.0226

503.586.8094 (c)

From: Tina Teel [mailto:tinateel@molalla.net]

Sent: Friday, June 02, 2017 1:21 PM

To: Dan Huff <dhuff@cityofmolalla.com>; Dan Zinder <dzinder@cityofmolalla.com>

Subject:

Hi Dan,

Is there anything that I can do with 417 Toliver Rd. I know he has an easement for the driveway to get back to his house but his parking the motor home is drawing a lot of homeless riff raff and theft. My tenants in 421 & 423 are complaining about the situation as well as the lady behind the duplex. I have told them to make sure they call the police if there is any suspicious activity but didn’t know if there was anything that could be done to ask him to park his vehicles in his driveway. He has been asked several times but is not a workable person. I am just trying to clean up this area. Any suggestions would greatly help. Thanks, Tina Teel