DIR1992-00002 DATE: 5/20/1992
CODE SECTIONS: 18.142.100.D r
[ TOPIC:1 Home Occupation Permit Revocation
INTERPRETATION: "If it is determined by the Community Development Director in exercise of reasonable
discretion, that the home occupation in question will affect public health and safety, the use
may be ordered to cease pending hearings officer review and /or exhaustion of all appeals."
The Community Development Director must make a finding that the home occupation in
question affects public health or safety. Without additional facts, I do not believe that the
director could make such a finding in this case. In conclusion, the home occupation is
allowed to continue pending appeal. If at the end of the 20 -day period the permit holder
has not appealed, you may order the permit holder to cease operations. If s /he does not
comply with the order, it will be necessary to seek enforcement of that order.
O'DONNELL, RAMIS, CREW & CORRIGAN
ATTORNEYS AT LAW
BALLOW & WRIGHT BUILDING
1727 N.W. Hoyt Street RECEIVED PLANNING
Portland, Oregon 97209
TELEPHONE: (503) 222 -4402 MA Y 2 0 1992
FAX: (503) 243 -2944
n
DATE: May 19, 1992
TO: Ron Pomeroy, City Planner
City of Tigard
FROM: Michael C. Robinson, City Attorney's Office
RE: Revocation of Home Occupation Permit
You have asked my opinion about whether the City may order a home
occupation permittee to cease operations pending appeal of
revocation of the home occupation permit. TDC § 18.142.100(D)
provides, in part:
"If it is determined by the community development
director in exercise of reasonable discretion, that the
home occupation in question will affect public health and
safety, the use may be ordered to cease pending hearings
officer review and /or exhaustion of all appeals."
The Community Development Director must make a finding that the
home occupation in question affects public health or safety. You
have told me that this home occupation involves employees going
onto the site daily. Without additional facts, I do not believe
that the director could make such a finding in this case.
In conclusion, the home occupation is allowed to continue pending
appeal. If at the end of the 20 -day period the permit holder has
not appealed, you may order the permit holder to cease operations.
If he does not comply with the order, it will be necessary to seek
enforcement of that order.
Please contact me if you have additional questions.
Original Memorandum to: Ron Pomeroy, City Planner
Copy to: City of Tigard /Community Development File
MCR:dd
5/19/92
cc: Timothy V. Ramis, Esq.
mcr \Tigard \90024- 4\Pomeroy.Mel