| Landlord locks out Los Molcajetes A dispute between landlord Jack Thornton and Los Molcajetes owners Rogelio S. In an e-mail to Johnstone, Walters said the restaurant owners needed to install a grease interceptor tank. In an April 4 communication, Walters cited an inspection conducted on Thornton's behalf by Vanguard Restoration. She attributed the problem to "damage caused by Los Molcajetes' unauthorized breach of the water lines where they connected a washer and dryer. The lease agreement, included in the court's legal filings, states the lessee will provide both property and earthquake insurance and pay the property taxes and economic improvement district dues. In a followup letter dated April 26, Walters alleged mold and water damage. On May 9, they said in the complaint, the defendant asserted through his attorney, Erin Walters, that additional improvements were required. That same day, Johnstone obtained correspondence from Mike Bisset, community development director for the city, which countermanded that. In it, he said, "Our staff was asked to review the current situation and to supply input on potential upgrades if changes were made. Bisset cited an e-mail from Rick Williams, environmental services supervisor for the city, in which Williams "did not mandate or require any changes," indicating "he did not find any violations of our sanitary sewer discharge codes. Williams' e-mailed his findings to Thornton, copying his lawyer. "In our inspection of the current grease trap, it appeared the outer integrity of the box was still intact," Williams said. In the initial complaint, the owners of the popular downtown restaurant allege Thornton locked them out of the premises, forcing them to shut down without notice. He said it was carried out by 10:15, at which point Thornton was supplied with notice, but they were not allowed back in until 2 in the afternoon. He went on to say he had provided documents from city officials confirming that there had been no unlawful overflow into the sewer. In her April 26 letter, Walters alleged the city had determined the restaurant's grease trap was in violation of city ordinance and needed immediate repair. If the problem wasn't remedied by 5 p. He went on to provide a "courtesy assessment of how I would approach this establishment regarding pretreatment needs if it were going through the normal process. However, they said he did not unlock the door until 2 p. They said Thorntontook the actions on the basis of alleged deficiencies in the grease trap and drain system based on an erroneous understanding. On the morning of May 5, date of the Mexican Cinco de Mayo holiday and thus a key business day for them, they said, they had used Rescue Rooter to clean and inspect the system. 14. She said the aim was "to ensure that any future grease overflow would not go into the sewer, which is a violation of city ordinance that the building owner is cited and fined for. In a response dated May 11, Johnstone said her letter indicated the lessees would be locked out at 5 p. The plaintiffs posted a $30,000 surety bond with their filing, which seeks unfettered access to the premises for the conduct of business as the legal proceedings unfold. Tuesday, May 22, in Yamhill County Circuit Court. May 3 so Thornton could remedy the violation himself, but he didn't follow through, so they made arrangements to have the work done themselves the morning of May 5. He said inspection showed that while maintenance and cleaning had not been completed to manufacturer standards, causing some overflow and pooling in the basement, the device itself was functioning property. , three hours after the restaurant's normal opening time, depriving them of substantial business. |
Friday, 18 May 2012
Landlord locks out Los Molcajetes
