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Challenge To Truck Rule Sidetracked PDF Print E-mail
News - Linn County News
Written by Charlene Sims   
Wednesday, 18 November 2009 09:00
LINN VALLEY — To enforce or not to enforce? That was the question discussed at the Linn Valley City Council meeting last week.

At the Nov. 9 meeting, Mayor Dick George told the council that wording of an ordinance about the parking of trucks in driveways might be a problem. Codes Enforcement Officer Bill DeMay had issued a field correction notice to City Planning Commissioner Jim Tiehen about a dump truck Tiehen had parked at his residence.

City Attorney Gary Thompson read the wording of the current ordinance several times before determining that the rule applies to all trucks, even pickups and noncommercial trucks, being barred from a private driveway.

George asked the council to reconsider the intent of the ordinance. Council members asked Thompson to modify the ordinance so it can be reviewed at the next meeting. Thompson recommended that the field notice correction be dismissed by prosecutorial discretion, as the ordinance is being reviewed and modified.
In a separate interview, Tiehen said he had a strong respect and appreciation of what DeMay is doing with codes enforcement. When DeMay was talking to Tiehen about the parking of his truck, Tiehen asked that the notice be issued to him because he did not believe the law was precise in how it was written.

“I wanted a determination by a judge,” Tiehen said. “An attorney only gives an opinion.”

Tiehen said his truck was not on the street or a building lot at the time the notice was issued by DeMay. Tiehen said he had hoped for a determination and would have been happy to abide by the decision.
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