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<br />ORDINANCE NO. 20221
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<br />AN ORDINANCE CONCERNING UNLAWFUL POSTING,
<br />AND AMENDING SECTIONS 4.050, 4.990; AND ADDING A
<br />NEW SECTION 4.996 TO THE EUGENE CODE, 1971.
<br />
<br />THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
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<br />Section 1. Section 4.050 of the Eugene Code, 1971, is amended to provide:
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<br />4.050 Affixing. Disolaying. Painting. Etc.. Matter to Streets. Trees. Etc. Prohibition.
<br />Responsibility for Costs.
<br />(l) No person shall affix or display, or cause to be affixed or displayed, a notice,
<br />placard, bill, handbill, card, advertisement or sign on a sidewalk, crosswalk, curb or curb- stone, or
<br />a portion or part of a public way or public place, or a public lamp post, electric light, telegraph,
<br />telephone pole or railway structure, hydrant, shade tree or tree-box or on the piers, columns, trusses,
<br />girders, railings, gates or other parts of a public bridge or viaduct, or other public structure or
<br />building, or on a pole, box or fixture of the fire alarm or police telegraph system, except as may be
<br />authorized or require.d by the laws of the United States, State of Oregon, this code or other
<br />ordinances.
<br />(2) In addition to any other penalty provided by law, any such notice, placard,
<br />bill, handbill, card, advertisement or sign may be impounded by the city and disposed of in
<br />accordance with the procedures outlined in sections 2.825 to 2.855 of this code.
<br />(3) In addition to the penalty specified in section 4.990 or 4.996 of this code, any
<br />person responsible for any posting made unlawful by subsection (l) of this section shall also be
<br />liable to the city for the costs incurred by the city in removal thereof and, in event of a failure to pay,
<br />for billing and collection charges. If the costs of removal are not paid within 30 days after the city
<br />mails the bill for the costs incurred by the city for removal, the city manager, or his or her designee,
<br />is authorized to effect the collection of the removal costs, together with interest and the costs of
<br />collection, including reasonable attorney's fees. The cost shall be determined in accordance with
<br />a rate schedule approved by the city manager. Costs include, but are not limited to, direct labor,
<br />material and equipment costs, as well as department and general city overhead costs attributable to
<br />the removal of the unlawfully posted material and to identifying the responsible person or persons
<br />and collecting from them the costs of removal.
<br />(4) For purposes of recovering the costs of removal, there is a rebuttable
<br />presumption that:
<br />( a) A real estate agent, broker, brokerage firm, auctioneer or other person
<br />whose name or telephone number appears on the posted material is the person
<br />responsible for its posting;
<br />(b) A candidate seeking office is the person responsible for posting any
<br />material promoting his or her candidacy for public office;
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<br />Ordinance - 1
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