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<br />June 24, 2019, Meeting – Item 8 <br />can only be determined by researching the right-of-way’s history. Thus, even though abutting property owners are responsible for maintaining the planting strip (including clearing debris and garbage), in most cases it is not immediately clear whether the abutting property owner has the authority to prevent someone from using the planting strip, even when the use damages the vegetation, leaves behind garbage, or creates safety problems for people using the transportation system. The lack of clarity regarding the authority of the abutting property owner over the planting strip can be addressed by amending EC 7.370 to include the following two sentences: “When the planting strip (i.e., the space between the curb and the sidewalk) is a different surface-type than the sidewalk and is clearly separate and distinct from the sidewalk, the property owner responsible pursuant to this section for maintaining the planting strip in front of their property is the person in charge of those premises for purposes of EC 4.807.” On June 10, 2019, council held a public hearing at which 13 people spoke in favor of the proposed ordinance and seven people spoke in opposition. Additional testimony on this subject has been received via the mayor and council email. <br />COUNCIL OPTIONS 1. Adopt the ordinance as proposed. 2. Adopt the ordinance with modifications as determined by the City Council. 3. Take no action on the ordinance. <br />CITY MANAGER’S RECOMMENDATION The City Manager recommends adopting the ordinance as proposed. <br /> <br /> <br />SUGGESTED MOTION Move to adopt An Ordinance Concerning Persons in Charge of Planting Strips and Amending Section 7.370 of the Eugene Code, 1971. <br />ATTACHMENTS A. Ordinance Concerning Persons in Charge of Planting Strips <br />FOR MORE INFORMATION Staff Contact: Sarah Medary Telephone: 541-682-6887 Staff E-Mail: SMedary@eugene-or.gov