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DIR2005-00002 70 / R _ o :a .,3 `,p. .tJ""- v.'_t °" .yak,;: �:i -v.a - ..s,• ..'a;. t:: p ti �� * `"� r 'fq As IJ V!t r'r` { .s <, :�>,1: >">; <;.: ox , -oY _'F;,3;. ,P:• 'is� qi� �L.,`'P ..y:�. >i •. . ' :�`i� >. < n, qr, 'tr`�r,,:; ^C e• .. ,. >y�,''o �, xh�;' ., ,;;t . _'. -ems, .,, , ..- v�a,. se - `,a 1 ,arty J B1akc,Jr * ° *Also admitted in Minnesota ashzniton MEMORANDUM Date. April 14, 2005 To: Christine Darnell, Code Enforcement Officer From. Larry Blake, Jr.; City Prosecutor Re. Tigard Temporary Sign Issue Issue: Are there any provisions within the TMC that provides or prohibits businesses from utilizing neighbor businesses' temporary sign permits for their own business' advertising? Analysis: I reviewed the TMC, specifically TMC 18 780.100 regarding Temporary Signs. I believe that the authorization stated in Subsection (A) provides for a method for you to be able to prevent businesses from utilizing their neighbor business' temporary sign permits so as to circumvent the provision that temporary signs are hmmted to 3 permits per year per business, thereby creating a loophole where the business has temporary signs displayed year round The specific provision I am referring to provides, "The director shall attach conditions to the issuance of a permit for a temporary sign as may be necessary to ensure discontinuance of the use of the sign m accordance with the terms of the authorization, and to ensure substantial compliance with the purpose of this tide." The Director is defined in TMC 18.120.030(A)(58) as the Director for Community Development or designee. If you are a designee, you can insert language onto the applications for Temporary Sign Permits that the permits are limited to the business applying and by location and are non- transferable The argument would be essentially that the basis for temporary signs is to permit advertising but to keep it from becoming an eyesore or nuisance to the surrounding businesses and neighborhoods. The purpose of a temporary sign permit is that the sign is temporary and therefore need to be discontinued at the expiration date of the permit. This business believing they found a loophole frustrates the entire purpose of the temporary sign provisions. Additionally, a temporary sign permit is not a right but a privilege, thus the reason for an application procedure. Privileges cannot be sold or transferred. Businesses cannot offer their permit capabilities to other businesses because that would only encourage avoidance of compliance with the TMC provisions and purpose for code enforcement. Until this permit is viewed as a privilege that can be diminished or voided by conduct that is non- conforming, and the businesses continue to view this as a right, then I believe that you may have a difficult time enforcing the "temporariness" of a temporary permit I believe it should be sufficient to say that the business' conduct is non - conforming with the TMC and based upon continued conduct in erecting temporary signs under other businesses' permit seeking capabilities (assuming they don't use the permits), I would condition the business' temporary permits as being limited to 3700 Barbur Building, 3718 SW Condor, Suite 110, Portland, OR 97239 Telephone' 503.228.6200 Facsimile` 503.228.6222 Email: law @larrylblakelr.com B f . • Christine Darnell April 14, 2005 Page 2 of 2 Re. Temp Sign Issue the business' sole location and fine the business for the continued use of the SAME SIGN at other businesses. The purpose of temporary is to ensure discontinuance. Movement of placement does not suffice as discontinuance. I would also suggest that the TMC be further clarified to prohibit multiple signs or to further clarify the limitation of temporary permits. 4 3700 Barbur Building, 3718 SW Condor, Suite 110, Portland, OR 97239 Telephone 503 228.6200 Facsimile 503 228.6222 Email: law@larryjblakejr.com DATE: 4/14/2005 CODE SECTIONS: 18.780 • A's Temporary Signs `This is an interpretation by the City of Tigard's Prosecuting Attorney Larry J. Blake INTERPRETATION: Issue: Are there any provisions within the TMC that provides or prohibits businesses from utilizing neighbor businesses' temporary sign permits for their own business' advertising? Analysis: I reviewed the TMC, specifically TMC 18.780.100 regarding Temporary Signs. I believe that the authorization stated in Subsection (A). provides for a method for you to be able to prevent businesses from utilizing their neighbor business' temporary sign permits so as to circumvent the provision that temporary signs are limited to 3 permits per year per business, thereby creating a loophole where the business has temporary signs displayed year round. The specific provision I am referring to provides, The director shall attach conditions to the issuance of a permit for a temporary sign as may be necessary to ensure discontinuance of the use of the sign in accordance with the terms of the authorization, and to. ensure substantial compliance with the purpose of this tide." The Director is defined in TMC 18.120.030(A)(58) as the Director for Community Development or designee. If you are a designee, you can insert language onto the applications for Temporary Sign Permits that the permits are limited to the business applying and by location and are non - transferable. The argument would be essentially that the basis for temporary signs is to permit advertising but to keep it from becoming an eyesore or nuisance to the surrounding • businesses and neighborhoods. The purpose of a temporary sign permit is that the sign is temporary and therefore need to be discontinued at the expiration date of the permit, This business believing they found a loophole frustrates the entire purpose of the temporary sign provisions. Additionally, a temporary sign permit is not a right but a privilege, thus the reason for an application procedure. Privileges cannot be sold or transferred. Businesses cannot offer their permit capabilities to other businesses because that would only encourage avoidance of compliance with the TMC provisions and purpose for code enforcement. Until this permit is viewed as a privilege that can be diminished or voided by conduct that is non - conforming, and the businesses continue to view this as a right, then I believe that you may have a difficult time enforcing the "temporariness" of a temporary permit. believe it should be sufficient to say that the business' conduct is non - conforming with the TMC and based upon continued conduct in erecting temporary signs under other businesses' permit seeking capabilities (assuming they don't use the permits), I would condition the business' temporary permits as being limited to the business' sole location and fine the business for the continued use of the SAME SIGN at other businesses. The purpose of temporary is to ensure discontinuance. Movement of placement does not suffice as discontinuance. I would also suggest that the TMC be further clarified to prohibit multiple signs or to further clarify the limitation of temporary permits 41)