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Mr. Kelly expressed concern with the original notice of seven days and asked if the new wording would be <br />satisfied by leaving a voicemail message for the owner and if the owner was unavailable, the inspection <br />would still go forward. Ms. Miller agreed that the inspection could proceed. <br /> <br />City Attorney Glenn Klein said that eliminating the word "written" would allow for any method of <br />notification, including voicemail, fax, or email. <br /> <br />Mr. Papd used the example of an owner being out of state and asked if there was a way to require 24-hour <br />actual notice if receipt was confirmed or five days' written notice. Mr. Klein said he could provide draft <br />language but his understanding of Mr. Poling's intent was the removal of the additional days from the notice <br />period. He suggested a straw vote to determine if there was interest in Mr. Papd's suggestion. <br /> <br />Mayor Torrey called for a show of hands and determined there was not support for Mr. Papd's change to the <br />notice provision. <br /> <br />Mr. Papd stated his concern with the shortened notice period and reiterated his preference for actual notice <br />that confirmed receipt by the owner. <br /> <br /> Mr. Papd moved to change the notice requirement from 24 to 48 hours. The motion <br /> died for lack of a second. <br /> <br />Mr. Kelly pointed out that the notice provision only went into effect if the landlord, owner, or owner's agent <br />had previously been notified of the problem and given ten days to correct it. <br /> <br /> The motion to amend the ordinance by adding a final sentence to Section 8.430(4) <br /> passed unanimously. <br /> <br /> Mr. Poling moved, seconded by Ms. Bettman, to amend Section 8.430(5)(a)4 as set <br /> forth in Section 1 of the Ordinance, to provide as follows: <br /> <br /> "4. A deadline for completing repairs often days, unless the city manager deter- <br /> mines that the necessary repairs cannot be completed within the ten-day period. If <br /> the city manager makes such a determination, the owner or owner's agent shall <br /> submit a compliance schedule acceptable to the city within ten days." <br /> <br />Mr. Poling said the addition of wording regarding the deadline for completing repairs provided some <br />flexibility for instances when circumstances beyond an owner's control prevented repairs within the ten day <br />period. <br /> <br />Mr. Kelly thanked staff for offering the revised language, which struck a balance between language that was <br />too restrictive or too open-ended; it established an expectation often days and allowed flexibility under <br />unusual circumstances as determined by the City Manager. <br /> <br />Ms. Solomon asked what would happen if the repairs required the landlord to obtain a permit that could take <br />longer than ten days to obtain. Ms. Miller said that the language would allow a reasonable compliance <br />schedule to be established that would accommodate the need for a permit. <br /> <br /> The motion to amend Section 8.430(5)(a)4 of the ordinance passed unanimously. <br /> <br />MINUTES--Eugene City Council November 22, 2004 Page 8 <br /> Work Session <br /> <br /> <br />