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Ordinance No. 19393
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Ordinance No. 19393
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Last modified
6/10/2010 3:44:33 PM
Creation date
2/17/2009 1:23:56 PM
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Council Ordinances
CMO_Document_Number
19393
Document_Title
Ordinance concerning assessment, right of way, foliage,and nuisance abatement, amending, adding and repealing sections of the Eugene Code, 1971; declaring an emergency and providing effective dates. (see Ordinance for effected sections)
Adopted_Date
7/28/1986
Approved Date
7/28/1986
CMO_Effective_Date
7/28/1986
Signer
Brian B. Obie
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abated or upon the abutting property when the nuisance was removed or abated <br />from the adjoining public way, <br />(4} The lien shall be enforced in the same manner as liens for <br />street improvements and shal 1 bear interest at the rate prescribed ~ n section <br />2, 022 of this code, The interest shall commence from date of entry of the <br />lien in the lien docket. For qualifying property owners the payment of the <br />lien may be deferred, extended or modified as provided in sections 7.195 to <br />7.220 of this code , <br />~5} An error in the name of a person responsible shall not void <br />the assessment nor wi]1 a failure to receive the notice of the proposed <br />assessment render the assessment void, but it shall remain a valid lien <br />against the property. <br />6,105 abatement Procedures -Separate from Penalty, The requirement to <br />a ate a nui sauce ~ s not a penal ty for v~ o ati ng this code but i s <br />an additional remedy. Abatement proceedings and prosecution of a nuisance <br />may occur simultaneously. The imposition of a penal ty does not ref i eve a <br />person responsi b1 e of the duty to abate the nui sance; however, abatement by <br />a person responsible of a nui sance within 10 days of the date of notice to <br />abate, or i f a wri tten protest has been fi led, then abatement within 10 days <br />of the hearings offi ci a1 ` s determination that a nui sance exists, may be can~- <br />si dered by the court i n sentencing vi 01 ators, <br />6.110 Abatement Procedures -Summary Abatement. <br />The proce ure prove a by sections 6.080 to 6.105 is not ex- <br />cl usi ve but i s i n addition to procedures provided by other laws. The city <br />manager or the manager's designee may proceed to summarily abate a nuisance <br />which unmistakably exists and which imminently endangers human life, health <br />or property. The cost of such abatement may be assessed as provided in sec- <br />tion 6,100. <br />~2} The abatement of a nuisance under this section and the assess- <br />i ng of the costs therefor are not a penal ty for violating this code but are <br />additional remedies, <br />6,330 Trees, Felling -Exceptions. The requirements and restrictions <br />o sects ons 6.3 5 to 6.310 of this code do not apply ta; <br />~ a } The action of any city officer ar employe or of any <br />public uti 1 i ty necessary to remove or alleviate an immediate <br />danger to 1 i fe ar property; to restore uti 1 i ty service; or to <br />reopen a publ i c thoroughfare to traffic; <br />~ b} An occupied parcel of private property consisting of <br />less than 20,000 square feet of area; <br />~c} Felling of trees that are nuisances under sectian 6.014 <br />of this code; <br />~ d} Felling of trees i n vi a1 ati on of sectian 1.640 of thi s <br />code; <br />fie} Any fe]ling necessary to install or maintain improvements <br />such as streets and sewers within publicly owned and accepted <br />rights-of-way or uti 1 i ty easements, <br />~f} That portion of a PUD andlor PUD subdivision development <br />for which final approval has been obtained. <br />Ordinance - 9 <br />
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