Laserfiche WebLink
2. The person is arrested or cited for any of the offenses <br />enumerated in subsection (1) of section 4.874 of this code in <br />the downtown public safety zone subsequent to the issuance <br />of the variance; or <br />3. The circumstances giving rise to the issuance of the variance <br />no longer support a continuation of the variance. <br />(b) Residential Variance Exception. A residential variance may be <br />revoked only: <br />1. If the applicant provided false residential information in order <br />to obtain the variance; or <br />2. If the circumstances giving rise to the issuance of the variance <br />no longer support a continuation of the issuance of the <br />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, at <br />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 evidence <br />that the person violated the terms or conditions of the variance, the <br />court may revoke or modify the variance. <br />(4) Definitions. <br />(a) Arrest. As used in this section and sections 4.874, 4.875, and <br />4.877, of this code, “arrest” includes taking a person under 18 years <br />of age into custody as defined in ORS 419C.080(1)(a). <br />(b) 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 />(c) 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 /> <br />Ordinance - Page 6 of 7 <br /> <br />S0808115-attB.doc <br /> <br />