From: Mac Corthell
Sent: Fri Jan 22 12:29:57 2021
To: Christie DeSantis; Gerald Fisher
Cc: Dan Huff
Subject: RE: Cease & Desist Order
Importance: Normal
Hi Christie,
I can certainly provide you with some language, but I’m not seeing any authority for the cease and desist in the code. I’m also not sure a cease and desist for someone operating when they already know they’re not allowed to will be effective. Based on my understanding, these businesses were to renew in January of 2020 and failed to do so which resulted in referral to the municipal court and ultimately in default judgment against them. The complaint would have had a date range for the violations at issue in court, those dates are now off the table due to double jeopardy prohibitions. However, every day that they have continued to operate without the license past March 1, 2020 - that is not in the adjudicated complaint - is free game. My recommendation would be to issue them each a certified letter stating that they have 14 days to get their business license or they will be referred to MMC for operating without a business license and that the fines are a maximum of $1000 per day, for a total of a whole bunch of money ($1,000 x days not in the initial complaint). If, after 14 days they don’t submit the application or get in touch to iron something out, they can be summoned or cited into court, again. On this occasion we can ask the judge to order a cease and desist until they have obtained appropriate licensure.
Those are my thoughts on the instant issue, let me know if you want me to get you some cease and desist language still!
I’m also wondering if it wouldn’t be a good idea to send these down to code enforcement in the future for us to do our thing… it is a code violation after all. It would be a little more on our plate, but I think we could handle it.
-Mac
Macahan “Mac” Corthell, J.D. | Planning Director
City of Molalla
117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038
Phone - 503.829.6855
Fax – 503.829.3676
Email – mcorthell@cityofmolalla.com
Website – http://www.cityofmolalla.com
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From: Christie DeSantis <cdesantis@cityofmolalla.com>
Sent: Friday, January 22, 2021 11:08 AM
To: Mac Corthell <mcorthell@cityofmolalla.com>; Gerald Fisher <gfisher@cityofmolalla.com>
Subject: Cease & Desist Order
Hi Guys,
I have two businesses operating without a Business License. I’m working with Dan H. on how to proceed with a Cease & Desist Order. That is not something I have in my bag of tricks. Would you be willing to share what you use? Looking for some language without having to reinvent the wheel.
Thanks,
C.