From: Dan Huff
Sent: Thu Oct 04 11:00:12 2018
To: Aldo Rodriguez; Gerald Fisher
Subject: RE: Conditions not met - Jim Taylor
Importance: Normal
Are you good with this Aldo?
From: Spencer Parsons <Spencer@gov-law.com>
Sent: Thursday, October 04, 2018 10:56 AM
To: Dan Huff <dhuff@cityofmolalla.com>; Aldo Rodriguez <arodriguez@cityofmolalla.com>
Cc: Kristen Ketchel - Bain <Kristen@gov-law.com>
Subject: RE: Conditions not met - Jim Taylor
Dan,
I agree. He’s already called his attorney, and she’s already called me. I think you put the ball in his court, give him the approval document with the highlighted conditions that still need to be addressed and ask him how he intends to address them. Also, it is important to make sure that the building official has a copy of the decision with the highlighted conditions that haven’t been completed, and let him know that that information has been shared with the County.
Spencer
Spencer Q. Parsons
Beery Elsner & Hammond, LLP
1750 SW Harbor Way, Suite 380
Portland, OR 97201
t (503) 226 7191 | d (503) 802 0014
P Please consider the environment before printing this email.
Caution! This communication may contain a privileged attorney-client communication or attorney work product. Please do not distribute, forward or retransmit without prior approval. If you have received this e-mail by mistake, please notify me by reply e-mail and delete all copies.
From: Dan Huff [mailto:dhuff@cityofmolalla.com]
Sent: Wednesday, October 03, 2018 8:31 AM
To: Aldo Rodriguez
Cc: Spencer Parsons
Subject: RE: Conditions not met - Jim Taylor
I believe we should ask Jim Taylor how he would like to handle this issue. But we do that in writing. He can either finish the job completely and we move on, or, we move into the enforcement and revocation process. Once we do that he will call his attorney and try and stand at the counter for 3-hours and tell us why we are wrong. He just needs to get his work done.
From: Aldo Rodriguez
Sent: Tuesday, October 02, 2018 3:41 PM
To: Dan Huff <dhuff@cityofmolalla.com>
Subject: FW: Conditions not met - Jim Taylor
From: Spencer Parsons <Spencer@gov-law.com>
Sent: Tuesday, October 02, 2018 1:57 PM
To: Aldo Rodriguez <arodriguez@cityofmolalla.com>
Cc: Kristen Ketchel - Bain <Kristen@gov-law.com>
Subject: RE: Conditions not met - Jim Taylor
Aldo,
Those are separate approvals from the land use approval. I would look for overlap between the unsatisfied condtions and any requirements of the other applications. Where there is overlap, the City can enforce the requirements as part of the pending (business/building) permit application approvals. For instance, the building code in particular may have several substantially similar requirements from which the language of those approval conditions were borrowed. To the extent that there is no such overlap for one or more approvals, the City would need to look to initiating enforcement and/or revocation of the original land use approval for non-compliance with enforceable conditions that were not appealed when they were imposed.
Spencer
Spencer Q. Parsons
Beery Elsner & Hammond, LLP
1750 SW Harbor Way, Suite 380
Portland, OR 97201
t (503) 226 7191 | d (503) 802 0014
P Please consider the environment before printing this email.
Caution! This communication may contain a privileged attorney-client communication or attorney work product. Please do not distribute, forward or retransmit without prior approval. If you have received this e-mail by mistake, please notify me by reply e-mail and delete all copies.
From: Aldo Rodriguez [mailto:arodriguez@cityofmolalla.com]
Sent: Friday, September 28, 2018 3:27 PM
To: Spencer Parsons
Cc: Kristen Ketchel - Bain
Subject: FW: Conditions not met - Jim Taylor
Hey Spencer,
Dan wanted to touch on the conditions that Jim Taylor never met. Highlighted are the conditions that were not met or we have no record of completion. Dan mentioned attaching these conditions either to the building permit review or the business license approval. Are either of these methods plausible?
Regards,
Aldo Rodriguez | Community Planner
City of Molalla
117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038
Office: 503.759.0219 I Fax: 503.829.3676
From: Dan Huff
Sent: Friday, September 28, 2018 11:34 AM
To: Aldo Rodriguez <arodriguez@cityofmolalla.com>
Subject: RE: Conditions not met - Jim Taylor
Send it to Spencer Parson’s and find out how we handle this in light of his recent opinion about design review.
From: Aldo Rodriguez
Sent: Friday, September 28, 2018 11:22 AM
To: Dan Huff <dhuff@cityofmolalla.com>
Subject: Conditions not met - Jim Taylor
Hey Dan,
I reviewed Jim’s File. These are the conditions that have not been met (Highlighted).
Regards,
Aldo Rodriguez | Community Planner
City of Molalla
117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038
Office: 503.759.0219 I Fax: 503.829.3676