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to obtain the variance; or <br />2. If the circumstances giving rise to the issuance of the <br />variance no longer support a continuation of the issuance of <br />the variance. <br />(3) Revocation Procedure. <br />(a) A peace officer who has probable cause to believe a person who <br />has been granted a variance has violated its terms or conditions <br />may issue to the person a notice to show cause that requires the <br />person to appear at municipal court at a specified date and time, <br />at which time the court will set a date and time for a show cause <br />hearing. <br />(b) If the person fails to appear at the time and date specified in the <br />notice, the court may revoke or modify the variance. If the person <br />does appear, the court shall set a time for a hearing, at which the <br />person shall have the opportunity to show cause why the variance <br />should not be revoked or modified. At the hearing, the city shall <br />have the burden to prove by a preponderance of the evidence that <br />the person violated the terms or conditions of the variance. If the <br />court finds that the city proved by a preponderance of the <br />evidence that the person violated the terms or conditions of the <br />variance, the court may revoke or modify the variance. <br />(4) Definitions. <br />(a) Essential Needs. As used in this section, "essential needs" means <br />food, physical care and medical attention for both physical and <br />mental conditions. <br />(b) Travel. As used in this section and section 4.874 of this code, <br />travel means the movement on foot or within or upon a vehicle <br />A@ <br />within the downtown public safety zone from one point to another <br />without delay other than to obey traffic control devices. <br /> <br />Section 2 <br />. The City Recorder, at the request of, or with the concurrence of the <br />City Attorney, is authorized to administratively correct any reference errors contained <br />herein or in other provisions of the Eugene Code, 1971, to the provisions added, <br />amended or repealed herein. <br />Passed by the City Council this Approved by the Mayor this <br /> <br />_____ day of ___________, 2008. ______ day of _______________, <br />2008. <br /> <br />Ordinance - Page 6 of 7 VERSION B <br />08 Downtown PSZ Ord - Excl. - Version B (00198796) <br />5/28/08 <br /> <br /> <br /> <br />