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ADMINISTRATIVE ORDER NO. 53-98-10 of the City Manager City of Eugene, Oregon Delegating Authority to Enforce Portions of Section 4.816 of the Eugene Code, 1971 to the Deputy Director of the Planning & Development Department. The City Manager of the City of Eugene finds that: A. Under the provisions of Chapter IV, Section 16 of the Eugene Charter of 1976, the City Manager is designated as the administrative head of the City, and is specifically authorized to appoint and remove all employees (except as otherwise provided in the Charter), and to enforce all ordinances of the City. B. Subsection (1)(c) of Section 4.816 of the Eugene Code, 1971 provides that not more than one family may sleep overnight in the back yard, or in the alternative, not more than one family may sleep overnight in a vehicle parked in the driveway of a single family residence in a residential zoning district with permission of the owner and tenant of the residence. The subsection provides that not more than one tent or camping shelter may be used for sleeping in the back yard, and further defines "family" to mean persons related by blood or marriage, or no more than three unrelated adults. C. Subsection (3) of Section 4.816 of the Eugene Code, 1971 requires that a tenant or owner allowing persons to sleep overnight in a back yard or driveway must provide or make available sanitary facilities for the use of the persons; shall not require payment of any fee, rent or other monetary charge; and may revoke the permission to sleep in the back yard or driveway at any time and for any reason. The persons to whom permission to sleep overnight has been granted must leave immediately upon revocation of permission. D. Under Subsection (4) of Section 4.816, any campsite used for overnight sleeping in a manner not authorized as noted above is declared to constitute a nuisance, and is subject to abatement. Subsection (7) of Section 4.990 further authorizes the imposition of a civil administrative penalty in an amount not to exceed $100 for each day the violation continues against any person who violates Section 4.816, or permits a violation to occur on the person's property. E. The Nuisance and Zoning work unit of the Planning & Development Department investigates and enforces other nuisance provisions of the Eugene Code, 1971, and it would be more efficient and in the public interest to delegate authority to enforce the provisions of Section 4.816 of the Eugene Code, 1971 relating to overnight Administrative Order - 1 10/19/98 r:\admin\98cmocmpado.wpd