Ordinance No. 20221 - Laserfiche WebLink

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( c) A person conducting a yard, garage, estate or moving sale is the person responsible for posting any material advertising the sale; and, unless the sale is advertised as that of a merchant or liquidator engaged in the business of selling personal property, that the owner, or lessee if the property is leased, of the premises where the sale occurs is responsible for conducting the sale; (d) An owner, or lessee if the property is leased, of property used for a commercial activity or event is the person responsible for posting any material advertising the commercial activity or event; (e) A person whose name, telephone number or address appears as the sponsor of a sporting event, concert, theatrical performance or similar activity is the person responsible for posting any material advertising the activity or event; (t) A person whose name, telephone number or address appears as the person to contact on any posted material is the person responsible for posting the material. The presumptions in this subsection for recovering the costs of removal of the posted material do not apply to prosecutions in municipal court for violation of subsection (1) of this section. (5) An individual presumed responsible for removal costs under subsection (4) of this section may request an administrative hearing before the city manager or the manager's designee by submitting to the city manager or his or her designee a written declaration made under penalty of perjury or a sworn affidavit that the person did not cause, authorize, or permit the posting of the material in violation of subsection (1) of this section. Such declaration or affidavit must be submitted to the city manager or his or her designee within 10 days of the date the city's billing statement for removal costs was mailed. If such a declaration is filed, an administrative hearing will be scheduled. At that hearing, the city will have the burden of proving by a preponderance of the evidence that the person billed for the removal costs caused, authorized, or permitted the posting of material in violation of subsection (1) of this section, and that the costs were properly computed. (6) The city manager is authorized to promulgate rules in the manner prescribed in section 2.019 of this code for the implementation of the program to recover the costs of removal, including providing for an administrative hearing before the city manager or his or her designee. Section 2. The listing for violation of Sections 4.045 to 4.075 of the Eugene Code, 1971 set forth in the matrix of Subsection 4.990(1) is amended to provide: 4.990 Penalties - Specific. (1) Violation of the following sections is punishable by fine or confinement in jail, or both, up to the amounts indicated opposite each: Section Penalty 4.045 to 4.075 $ 500 fine (See section 4.996 for civil administrative penalty for violation of section 4.050.) Section 3. A new Section 4.996 is added to the Eugene Code, 1971, to provide: Ordinance - 2