From: Dan Huff
Sent: Fri Jun 02 08:38:19 2017
To: Rod Lucich; Dan Zinder; Gerald Fisher
Cc: aRodriguez@cityofmolalla.com
Subject: RE: 701 Toliver
Importance: Normal
I like the argument
From: Rod Lucich [mailto:rlucich@molallapolice.com]
Sent: Thursday, June 01, 2017 5:42 PM
To: Dan Zinder <dzinder@cityofmolalla.com>; Gerald Fisher <gfisher@cityofmolalla.com>
Cc: Dan Huff <dhuff@cityofmolalla.com>; aRodriguez@cityofmolalla.com
Subject: RE: 701 Toliver
I think the argument can be made, especially in Molalla, that vehicles are modified to be on AND off-road vehicles. Clearly he is operating the vehicle as an off-road vehicle here at a place not designated for that use. It could be challenged in court, but I believe a properly worded letter might eliminate the problem up front and thereby avoiding having to push it to the enforcement point. That’s always our hope.
Chief
From: Dan Zinder [mailto:dzinder@cityofmolalla.com]
Sent: Thursday, June 01, 2017 4:58 PM
To: Rod Lucich <rlucich@molallapolice.com>; Gerald Fisher <gfisher@cityofmolalla.com>
Cc: Dan Huff <dhuff@cityofmolalla.com>; aRodriguez@cityofmolalla.com
Subject: RE: 701 Toliver
Chief – yes, I was having trouble wording that part because the off-roading portions of the code assume an off road vehicle. Are you saying we can prohibit outright?
I’ll address the other points made in the morning and then come to your office to discuss that final piece before sending/including Tina.
Dan Zinder
503.759.0226
503.586.8094 (c)
From: Rod Lucich [mailto:rlucich@molallapolice.com]
Sent: Thursday, June 01, 2017 4:53 PM
To: Dan Zinder <dzinder@cityofmolalla.com>; Gerald Fisher <gfisher@cityofmolalla.com>
Cc: Dan Huff <dhuff@cityofmolalla.com>; aRodriguez@cityofmolalla.com
Subject: RE: 701 Toliver
Dan Z, thanks for the heads-up.
I want to suggest the information in the title 9 (noise section) is not quite accurate in the letter.
Section 5 is talking about unreasonable noise and the hours in the ordinance are 10pm to 7 am, not 7pm to 10 am and it speaks specifically to idling engines. The real reason behind those hours, in most cities, is to avoid issues with semi-trucks and especially those with refrigeration units. Sometimes truckers park the trucks and trailers and leave the refer units going all night, which impacts the quality of life for neighbors.
The good news is, I believe those hours are only as they apply to the engines running for longer than 15 minutes. Otherwise, as I read the ordinance, I don’t believe the unreasonable noise is tied to a particular time. Unreasonable noise can happen at any time and can cause annoyance. The next section says, essentially, anything louder than a stock muffler in this application can be a violation. Also the final piece of that section talks about off-road vehicles on property not designed for that, like an off-road park, which clearly this is not. He is clearly off-roading with these Jeep vehicles, which is his apparent vehicle of choice and expertise. I think you have a violation and you might consider incorporating these points into your letter.
These are my thoughts and I’m open to discussion and review. I don’t know anything about the water and sensitive issues at all, so “no comment,” I’ll stay in my lane.
From: Dan Zinder [mailto:dzinder@cityofmolalla.com]
Sent: Thursday, June 01, 2017 4:19 PM
To: 'Gerald Fisher' <gfisher@cityofmolalla.com>; Rod Lucich <rlucich@molallapolice.com>
Cc: Dan Huff <dhuff@cityofmolalla.com>; aRodriguez@cityofmolalla.com
Subject: 701 Toliver
All,
This is a copy of the letter I’ll be sending to the owners of 701 Toliver to inform them about potential violations associated with off-roading activities on their property. The Code doesn’t provide anything to prohibit the action outright but we can (and I think should) enforce dust, noise, and sensitive lands ordinances as they occur. The northern portion of the property carries significant stormwater during the wet months.
Gerald – If possible, I would appreciate feedback on the drainage way/sensitive lands portion before sending.
Best,
- - - - - - - - -
Dan Zinder
GIS Analyst
City of Molalla
503.759.0226
503.586.8094 (c)