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Ordinance No. 19243
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1980s No. 18550-19659
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Ordinance No. 19243
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Last modified
6/10/2010 3:43:45 PM
Creation date
4/6/2009 3:04:24 PM
Metadata
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Council Ordinances
CMO_Document_Number
19243
Document_Title
Declaring unlawful business practices for owners of parking facilities & towing & vehicle storage businesses; providing remedies; adding 4.980, 4.981, 4.982, 4.983, 4.984, 4.985 & 4.987 to Eugene Code, 1971; amending 4.990; & declaring an emergency.
Adopted_Date
4/23/1984
Approved Date
4/23/1984
CMO_Effective_Date
4/23/1984
Signer
R. A. (Gus) Keller
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<br />/9zy3 <br />vehicle, the schedule of fees for towing and disconnecting services, The <br />sign shall also declare no fee shall be charged prior to connection. The <br />letters and numerals an the sign shall be machine or block lettered and <br />readable from a distance of Zo feet. <br />4.984 Investi ations. <br />(1} 4~hen it appears to the city manager that a erson has en a ed <br />p gg <br />in, is engaging in, or is about to engage in any act or practice declared to <br />be unlawful by section 4..981 of this code (s}he may execute in writing and <br />cause to be served an investigative demand upon any person who is believed <br />to have information, documentary material, ar physical evidence relevant to <br />the alleged or suspected violation. An investigative demand shall require <br />such person, under oath or otherwise, to appear and testify, to answer <br />written interrogatories, or to produce relevant documentary material or <br />physical evidence for examination, at such reasonable time and place as may <br />be stated in the investigative demand, or to do any of the foregoing concern- <br />ing conduct of any trade or commerce which is the subject matter of the <br />investigation. <br />,` (2} At any time before the return date specified in an investiga- <br />t~ve demand, or w~th~n ZQ days after the demand has been served, whichever <br />period ~s shorter, a petition to extend the return date, or to modify or set <br />aside the demand, stating gaol cause including privileged material, may be <br />filed in the Municipal Court. <br />(3} Service of any investigative demand under subsections (1} and <br />(~} of this section shall be made personally within this state. If personal <br />service within this state cannot be made, substituted service therefor may <br />be made by any of the fallowing methods: <br />(a} Personal service thereof without this state; <br />(b} The mailing thereof by registered or certified mail to <br />the last known place of business, residence or abode within or <br />without this state of such person for whom the same is intended; <br />(c} As to any person other than a natural person, in the <br />manner provided for service of summons in an action or suit; or <br />(d} Such service as the Municipal Court may direct in lieu <br />of personal service within this state. <br />(4} If any person after being served with an investigative demand <br />under this section fails yr refuses to obey an investigative demand issued by <br />the city manager, the city manager may, after notice, apply to the Municipal <br />Court and, after hearing thereon, request an order: <br />(a} Granting injunctive relief to restrain the person from <br />engaging in conduct of any aspect of the trade or commerce that <br />is involved in the alleged or suspected violation; <br />(b} Granting such other relief as may be required, until the <br />person obeys the investigative demand. <br />(5} Any disobedience of any formal order of the Municipal Court <br />under this section shall be punished as contempt of court. <br />4.955 Injunctive Relief. <br />(1} when the city attorney has probable cause to believe that a <br />person is engaging in, has engaged in, or is about to engage in an unlawful <br />business practice described in section 4.981 of this code, the city attorney <br />may bring suit in the name of the city in the Municipal Court to restrain <br />such person from engaging in the alleged unlawful business practice. <br />Ordinance - 4 <br />
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