DIR1991-00008 DATE: 9/6/1991
CODE SECTIONS: 18.132.040.B.1.e.(iv) c _ I /
I TOPIC :I Abandoned Use
* City Attorney's Office Interpretation
INTERPRETATION: "For purposes of this section, a use is discontinued or abandoned upon the occurrence of
the first of any of the following events: On the date a request for a final reading of water
and power meters is made to the applicable utility districts."
This section is intended to be used in conjunction with the provisions terminating a
nonconforming use after six months of abandonment. I believe this section would apply
when a use is discontinued and a final reading of water and power meters is made, as
evidence of the use's discontinuance.
O'DONNELL, RAMIS, CREW & CORRIGAN
ATTORNEYS AT LAW
BALLOW & WRIGHT BUILDING RECEIVED PLANNING
1727 N.W. Hoyt Street
Portland, Oregon 97209
TELEPHONE: (503) 222 -4402 S E P 0 9 1991
FAX: (503) 243 -2944
DATE: September 6, 1991
TO: Dick Bewersdorff, City Planner
FROM: Michael C. Robinson, City Attorney's Office
RE: Interpretation of Tigard Zoning Code Section
10.132.040B.1.e.(iv)
You have asked me to interpret the language of this section which
reads as follows:
Ayk"For purposes of this section, a use is discontinued or
abandoned upon the occurrence of the first of any of the
c eA/
following events: On the date a request for a final
reading of water and power meters is made to the
applicable utility districts."
l c In my opinion, this section is not triggered by a conveyance of
real property. Rather, this section is intended to be used in
conjunction with the provisions terminating a nonconforming use
1111(
• after six months of abandonment. I believe this section would apply
when a use is discontinued and a final reading of water and power
1 "" meters is made, as evidence of the use's discontinuance. If you
have any further questions about this matter, please do not
hesitate to contact me.
Original Memorandum to: Dick Bewersdorff, City of Tigard
Copy to: City of Tigard /Community Development File
MCR:dd
MC r \tigard \90024 -4\mb. mem