HomeMy WebLinkAboutMiscellaneous Correspondence 2002-1-17
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David C. Force, Lawyer
January 11, 2002
'" West BrOfldway SuiJe 406
Post OfIIce Box 10972
Eugene, Oregon 97~0
Mr. Bob Barnhart
Building Inspector
City of Springfield
Development Services
225 Fifth Street
Springfield, OR 97477
Re: 7406 Main Street, Springfield, OR.
Dear Mr. Barnhart:
My client Patricia DeLong Enterprises, has provided me with a
copy of your January 9 letter to Ms. DeLong regarding the above
property. This letter constitutes her response to your letter, in
lieu of the purely verbal response which you request.
The building at that location is not the site of any work
being performed by Ms. DeLong or by any contract she has let,
requiring any form of permit from the City, nor of any proposed
change in land use from its longstanding use as a rental dwelling.
Your letter indicates that you wish to perform an inspection, but
gives no indication of either the purpose of such an inspection or
the legal basis to demand it. The building is a dwelling and its
tenants/occupants cannot be prevented from using the downstairs
portion, as have the residents of that building for many years,
under any code provision of which she is aware. My client has
contacted her tenants, and none of them consents to allowing you or
your agents into their homes for any "inspection."
My client also informs me that the tenant whom you and Mr.
Gadomski talked to when demanding entry, 'advised you to contact
myself as the attorney for the owner-landlord. I am informed that
Mr. Gadomski responded that the owner's attorney had nothing to do
with this situation. Whatever the situation is, I am now involved
in it and I would appreciate your consideration in not giving my
client or her tenants legal advice or discouraging them from
contacting me. And I request that you direct any further
correspondence regarding this matter to my office.
Ms. DeLong's building at 7406 Main Street is not in violation
of any law and her business scrupulously endeavors to comply with
the City's ordinances. She feels that repeated visits to her
properties and verbal confrontations with her employees and tenants
on the part of Springfield building inspectors and other officials,
Phone: ,(541) 343-2956
Fax: 541-686-1594
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has reached the point where this ongoing conduct constitutes
harassment and is approaching violation of her Constitutional right
to the equal protection of ,the laws. Olech v Villaae of
Willowbrook, _U.S._, 120 S Ct 1073 (2000). Please advise this
office precisely what regulation or ordinance of the City of
Springfield your "phone inquiry" suggests is being violated by my
client and/or her tenants; and identify the ordinance providing for
remedies and enforcement of that regulation; and explain why an
"inspection" of the interior of this occupied dwelling is necessary
to investigate that allegation. We would also be very interest in
knowing the source of the information upon which the City bases
this demand.
If the City has a legitimate enforcement purpose for this
inspection and is willing to accommodate the concerns of the
building's tenants about such an invasion of their privacy, we may
be able to arrange sufficient entry to the building to satisfy its
concerns. That will depend upon your response to this letter, as
opposed to any further empty assertion of a demand to inspect
without any legal authority or justification.
Until the issue of the inspection is resoived between the
City and the owner, through this office, please desist from further
visits or contacts with her tenants and/or employee at the site of
the building. We will regard any further attempts by City
officials to enter the building or to enter or remain on the
premises, absent consent or a duly-executed warrant, to represent
trespassing in both a civil and criminal sense.
I look forward to your response to these inquiries.
Very
cc: Patricia DeLong
Meg E. Kieran, City Attorney
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aOPMENT SERVICES
25 FIFTH STREET
SPRINGFIELD, OR 97477
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Patricia Delong
4450 Franklin Blvd. #1
Eugene, Oregon 97403
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'j4 0 Complete items 1 and/or 2 lor additional services.
GJ Complete items 3, 4a, and 4b. _.
f? 0 Print your name and address on the reverse of this form so thai we can return this
~ card to you.
! 0 A"ach this form to the trOll! of the mailpiece. or on the back if space does nol
4) permit.
= 0 Write "Return Receipt Requested' on the mallpiece below the arode number.
c: 0 The Return Receipt will show 10 whom lhe article was delivered and the date
o delivered.
11 .3. Article Addressed to:
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SENDER:
I also wish to receive the follow.
ing services (for an extra fee):
1. 0 Addressee's Address
2. 0 Restricted Delivery
Patricia DeLong
4450 Franklin Blvd #l
Eugene, Oregon 97403
14a. Article Number
Z286371240
4b. Service Type
o Registered
o Express Mail
o Return Receipt lor Merchandise
HE:
7406 Main Street
7. Date of Delivery
5. Received By: (Print Name)
X3 Certified
o Insured
DCOD
8. Addressee's Address (Only if requested and
fee is paid)
S 6. Signature (AddressBD or Agent)
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PS Form 3811, December' 994
l02595-99.B.Q223 Domestic Return Receipt
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