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  #1  
Old 02-29-2008, 09:00 PM
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K'Tesh K'Tesh is offline
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Angry Assaulted on 99W and SW Hall, Tigard

A little background is in order here...

Meet Sam... The owner/operator of the Tigard Auto Center at 11900 SW Pacific Hwy Tigard.


Sam's business fronts the very busy SW Pacific Hwy (99W), at the SW Hall intersection, Tigard.

Looking West down 99W

You may notice that there is no bike lane on 99W, and the shoulder can have debris/gravel. So, I opt to ride up on the sidewalk... Can you see it in the distance? It gets cloaked by asphalt back by Mixer's Bar. And there's a telephone pole in the center of it (makes it a bit narrow). Now imagine that there's a minivan or a pickup parked up against that pole, things get tight on the road side, and a bicyclist/ped could be hard to see by someone turning right into that parking area if they were EB on 99W after dark.

Sam, painted lines on the asphalt, almost up to the curb for his customers to park their cars...

The sidewalk ends at the middle seam in the asphalt (the one the truck isn't parked on)

Now, did you see the stain in the center of that pic? That's where the engine of the car that was parked out there this morning was centered... I didn't think to get a pic until after I had left, so I came back to get a pic or two.

I've been calling the Non-Emergency dispatch number for as long as I've had a cell phone, perhaps longer, complaining about vehicles parked up to the curb, completely blocking the sidewalk. This forces cyclists, joggers, and other vulnerable users out into busy 99W, or to go behind it. That pickup had a camper on it... once I go behind it, I'm hidden from EB traffic on 99W and this could set up a Right Hook. If a iPloder steps or slips off the curb and into 99W what could happen? What if that was a blind person? How do they navigate around those vehicles?

I've tried to get Sam to remove the lines on the sidewalk and set up some kind of fence to prevent the sidewalk from being all or partially blocked. That didn't work... I then started calling Non-Emergency, this has been going on for a long time... Now when I see Sam, I get the two handed single finger salute, and he tells me to Mate with my Mother, and Myself.... (I'm, of course, paraphrasing).

Today, as I said earlier, there was a white car was centered over that stain (remember it?), and I called the cops. I didn't get a pic. I went back and Sam came out of his business (see how far it is in the background?). He threatened me with tresspass. While I was trying to take pics he hit my hand with his clipboard...

Can you find the clipboard in this photo?

I called the Tigard Police and filed a complaint, I also have complaints about the situation with ODOT, and Tigard Public Works, but I'm getting the run-around and its getting old.

So, I request that if any of you have a problem with Sam's parking situation, perhaps you too could call and add a voice to my complaint.

Thanks for your help...
Be Safe Out There!
K'Tesh
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Last edited by K'Tesh; 03-03-2008 at 09:47 PM.
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Old 02-29-2008, 09:45 PM
wrinkles wrinkles is offline
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Default another view helps

K'tesh, it's a little bit difficult to see exactly what the problem is from the perspective of your photos. However, if you plug 11900 SW Pacific Hwy, Tigard OR into Google Maps and look at the down-and-dirty satellite view, it becomes clear that this guy has striped over the pedestrian right-of-way. Perhaps you could submit this image, enhanced by a nice big arrow or something, to the Tigard powers-that-be.
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Old 02-29-2008, 09:57 PM
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Can you be a little more specific in terms of the length of period in days, weeks, months, from the first time you mentioned this problem to the property owner/and or contacted the city about it, to the present?

Also, would you happen to have located the relevant city ordinance that specifies the required public right of way/sidewalk that must be maintained for public access? I'll try and locate it if you haven't.

Answers to those two questions could make a question about the city's responsibility in this situation a little more interesting.
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Old 02-29-2008, 10:25 PM
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Red face Google Map image.

Quote:
Originally Posted by wrinkles View Post
K'tesh, it's a little bit difficult to see exactly what the problem is from the perspective of your photos. However, if you plug 11900 SW Pacific Hwy, Tigard OR into Google Maps and look at the down-and-dirty satellite view, it becomes clear that this guy has striped over the pedestrian right-of-way. Perhaps you could submit this image, enhanced by a nice big arrow or something, to the Tigard powers-that-be.
I was limited in the number of images that I could have in the original post... Perhaps this one helps... The truck was originally parked three feet forward of where it is currently (I asked the driver to move it a little, and he did )


for privacy of the pickup's driver, I blurred the license plate, but I still have the original intact.

Here's a link to the Google Maps for the location. I found that the Image is a bit blurry, but the white car in the center of the satellite image is parked on the pedestrian right-of-way, and you can see the faint lines of the painted parking areas (oriented the same as the car). To the right of the car is the dark circle of the telephone pole, and it is where many of Sam's customers choose to park (right up against it). The pale band on the road is the shoulder, only a couple of feet from the front of the car (and you can see it in the photo above, just to the left of the curb). [EDIT: Google Maps Updated their image, and the white car is not in the new image, but as of 5/27/10 you can see how the painted white lines extend nearly to the curb.]

I'm sure I'll get more photos soon, as I've been riding the bus more often this winter (due to the leg).
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Last edited by K'Tesh; 05-27-2010 at 07:04 AM.
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Old 02-29-2008, 11:04 PM
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Quote:
Originally Posted by wsbob View Post
Can you be a little more specific in terms of the length of period in days, weeks, months, from the first time you mentioned this problem to the property owner/and or contacted the city about it, to the present?
I've had a cell phone for about a year, so I'd say at least a year of calls to Non-Emergency. I only go past this business when I ride the bus to work, so I don't get to see it every day.

Quote:
Originally Posted by wsbob View Post
Also, would you happen to have located the relevant city ordinance that specifies the required public right of way/sidewalk that must be maintained for public access? I'll try and locate it if you haven't.
Here's the part in the ORS's that bans parking on sidewalks... finding where one says that businesses must maintain the public ROW has eluded me.

ORS 811.550 Places where stopping, standing and parking prohibited. This section establishes places where stopping, standing and parking a vehicle are prohibited for purposes of the penalties under ORS 811.555. Except as provided under an exemption in ORS 811.560, a person is in violation of ORS 811.555 if a person parks, stops or leaves standing a vehicle in any of the

following places:

(1) Upon a roadway outside a business district or residence district, whether attended or unattended, when it is practicable to stop, park or leave the vehicle standing off the roadway. Exemptions under ORS 811.560 (1), (7) and (9) are applicable to this subsection.

(2) On a shoulder, whether attended or unattended, unless a clear and unobstructed width of the roadway opposite the standing vehicle is left for the passage of other vehicles and the standing vehicle is visible from a distance of 200 feet in each direction upon the roadway or the person, at least 200 feet in each direction upon the roadway, warns approaching motorists of the standing vehicle by use of flaggers, flags, signs or other signals. Exemptions under ORS 811.560 (9) are applicable to this subsection.

(3) On the roadway side of a vehicle stopped or parked at the edge or curb of a highway. Exemptions under ORS 811.560 (7) are applicable to this subsection.

(4) On a sidewalk. Exemptions under ORS 811.560 (4) to (7) are applicable to this subsection.

(5) Within an intersection. Exemptions under ORS 811.560 (4) to (7) are applicable to this subsection.

(6) On a crosswalk. Exemptions under ORS 811.560 (4) to (7) are applicable to this subsection.

(7) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs and markings. For purposes of this subsection the safety zone must be an area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. Exemptions under ORS 811.560 (4) to (7) are applicable to this subsection.

(8 ) Alongside or opposite a street excavation or obstruction when stopping, standing or parking would obstruct traffic. Exemptions under ORS 811.560 (4) to (7) are applicable to this subsection.

(9) Upon a bridge or other elevated structure upon a highway. Exemptions under ORS 811.560 (4) to (8 ) are applicable to this subsection.

(10) Within a highway tunnel. Exemptions under ORS 811.560 (4) to (7) are applicable to this subsection.

(11) On any railroad or rail fixed guideway system tracks or within seven and one-half feet of the nearest rail at a time when the parking of vehicles would conflict with operations or repair of the tracks. Exemptions under ORS 811.560 (4) to (7) are applicable to this subsection.

(12) On a throughway. Exemptions under ORS 811.560 (4) to (7) are applicable to this subsection.

(13) In the area between roadways of a divided highway, including crossovers. Exemptions under ORS 811.560 (4) to (7) are applicable to this subsection.

(14) At any place where traffic control devices prohibit stopping. Exemptions under ORS 811.560 (4) to (7) are applicable to this subsection.

(15) In front of a public or private driveway. Exemptions under ORS 811.560 (2) and (4) to (7) are applicable to this subsection.

(16) Within 10 feet of a fire hydrant. Exemptions under ORS 811.560 (2) and (4) to (7) are applicable to this subsection.

(17) Within 20 feet of a crosswalk at an intersection. Exemptions under ORS 811.560 (2) and (4) to (7) are applicable to this subsection.

(18 ) Within 50 feet upon the approach to an official flashing signal, stop sign, yield sign or traffic control device located at the side of the roadway if the standing or parking of a vehicle will obstruct the view of any traffic control device located at the side of the roadway. Exemptions under ORS 811.560 (2) and (4) to (7) are applicable to this subsection.

(19) Within 15 feet of the driveway entrance to a fire station and on the side of a street opposite the entrance to a fire station, within 75 feet of the entrance. Exemptions under ORS 811.560 (2) and (4) to (7) are applicable to this subsection.

(20) At any place where traffic control devices prohibit standing. Exemptions under ORS 811.560 (2) and (4) to (7) are applicable to this subsection.

(21) Within 50 feet of the nearest rail of a railroad or rail fixed guideway system crossing. Exemptions under ORS 811.560 (3) to (7) are applicable to this subsection.

(22) At any place where traffic control devices prohibit parking. Exemptions under ORS 811.560 (3) to (7) are applicable to this subsection.

(23) On a bicycle lane. Exemptions under ORS 811.560 are applicable to this subsection.

(24) On a bicycle path. Exemptions under ORS 811.560 are applicable to this subsection. [1983 c.338 669; 1985 c.21 1; 1985 c.334 1; 1989 c.433 2; 1997 c.249 234; 2001 c.522 9]


If you can find the local city ordinance, I'd appreciate it.
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Last edited by K'Tesh; 02-29-2008 at 11:11 PM.
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Old 02-29-2008, 11:43 PM
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Here's are the exceptions, ORS 811.560:

811.560 Exemptions from prohibitions on stopping, standing and parking. This section provides exemptions from ORS 811.550 and 811.555. The following exemptions are applicable as provided under ORS 811.550:

(1) When applicable, this subsection exempts school buses or worker transport buses stopped on a roadway to load or unload workers or children, providing that the flashing school bus safety lights on the bus are operating.

(2) When applicable, this subsection exempts vehicles stopped, standing or parked momentarily to pick up or discharge a passenger.

(3) When applicable, this subsection exempts vehicles stopped, standing or parked momentarily for the purpose of and while actually engaged in loading or unloading property or passengers.

(4) When applicable, this subsection exempts vehicles owned or operated by the state, a county or city when stopping, standing or parking is necessary to perform maintenance or repair work on the roadway.

(5) When applicable, this subsection exempts vehicles from the prohibitions and penalties when the driver’s disregard of the prohibitions is necessary to avoid conflict with other traffic.

(6) When applicable, this subsection exempts vehicles acting in compliance with law or at the direction of a police officer or a traffic control device.

(7) When applicable, this subsection exempts the driver of a vehicle that is disabled in such manner and to such extent that the driver cannot avoid stopping or temporarily leaving the disabled vehicle in a prohibited position.

(8 ) When applicable, this subsection exempts vehicles owned or operated by the State Department of Fish and Wildlife when stopping, standing or parking is necessary to enable employees to release fish.

(9) When applicable, this subsection exempts vehicles momentarily stopped to allow oncoming traffic to pass before making a right-hand or left-hand turn or momentarily stopped in preparation for or while negotiating an exit from the road. [1983 c.338 670; 1985 c.334 2; 1989 c.433 3]


Re; the R.O.W: In the Tigard Municipal Code, there is a section on 'encroachments'. If an owner's property has a dedicated right of way, this section specifies the terms by which a property owner may encroach with an approved permit, but as I read it, even with a permit, a property owner would still be required to stay 1 foot away from the dedicated sidewalk. It seems as though that section of 99w would definitely have a section of the property dedicated for a sidewalk. I found a zoning map, but that didn't seem to show the ROW. Doesn't really matter. I'm sure this guy is in error. Maybe the city manager needs to hear about the situation.

Last edited by K'Tesh; 03-01-2008 at 04:37 PM. Reason: fixed the "8 )" (it showed up as a broken image)
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Old 03-01-2008, 08:35 AM
wrinkles wrinkles is offline
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Default Clarification

Quote:
Originally Posted by K'Tesh View Post
I was limited in the number of images that I could have in the original post... Perhaps this one helps... )
Umm, no need to convince ME! I was trying to suggest that you prepare your case with two or three telling photos--including the satellite image and one like your latest, but BEFORE the driver moves the vehicle--and submit your complaint in writing and/or email to whoever is charged with enforcing the applicable codes. Phone calls to the nonemergency number are obviously going nowhere. So, rather than escalate the conflict between you and the owner, I would aim up a few levels, in writing, after you figure out whom to direct your complaint to.
If you can post a name and email of the responsible official here, I would be willing to send him/her my two cents worth.
If you have to take it to the Tigard City Council, I'll stand there with you.

wrinkles

Last edited by K'Tesh; 03-01-2008 at 04:35 PM. Reason: fixed broken quote
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Old 03-01-2008, 04:32 PM
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K'Tesh K'Tesh is offline
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Talking Thanks wrinkles, wsbob!

Thanks wrinkles, wsbob!

I'll keep everyone posted on my progress. I've called in a new player with ODOT, and a now I have a new angle (thanks to wsbob, and his "encroachment" post).
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Old 03-01-2008, 04:43 PM
wrinkles wrinkles is offline
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Default persevere

I think you're on the right track with ODOT. Since Barbur/Pacific Hwy/99W is a state highway, seems as if ODOT would have jurisdiction over the road and extended rights of way, ie, sidewalks. And, yes, the issue doesn't seem to be 'maintenance' but, rather, incursion or trespass on his part. There's gotta be an applicable ordinance that covers his designating a private parking lot on the public sidewalk.
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Old 03-02-2008, 05:09 PM
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Default Easy Fix?

Seems like all ODOT or whoever has jurisdiction would have to do is paint a white line along the edge of the sidewalk area. Then the charming Sam could paint his parking stripes up to -- and not beyond -- the sidewalk perimeter line. Easy, quick, and cheap. And Sam would have no confusion as to just where his private property ends and the public right-of-way begins.
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