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Ordinance No. 18915
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Ordinance No. 18915
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Last modified
6/10/2010 3:42:31 PM
Creation date
4/28/2009 2:06:47 PM
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Council Ordinances
CMO_Document_Number
18915
Document_Title
Ordinance concerning zoning ordinance performance standards; amending, repealing and adding new Sections to the Eugene Code, 1971; and declaring an emergency. (See ordinance for complete listing of effected Sections.)
Adopted_Date
1/27/1982
Approved Date
1/27/1982
CMO_Effective_Date
1/27/1982
Signer
R. A. "Gus" Keller
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noxious matter of any type beyond property lines of the ro - <br />erty of origin if : p p <br />~a~ The emission exceeds l4a of the concentra- <br />tion considered as the threshold limit for an indus- <br />trial worker as set forth by the Oregon workers' <br />Compensation department, and <br />~b~ The quantity of emission is not otherwise <br />subject to local, state, or federal. laws or re ulations. <br />g <br />9.664 Determination and Enforcement. Alleged violations of <br />the performance standards set forth in sections 9.636 <br />to 9.662 shall be determined and enforced as provided in this <br />section. <br />~_a~ City determination. where a violation can <br />be determined by the building official ar other dui <br />Y <br />authorized city employee using equipment and personnel <br />avaa.lable to the city, the determination shall be so <br />made and an order of compliance requiring correction <br />of the violation within a reasonable time period shall <br />be issued. 2f necessary to eliminate a violation <br />found to exist, the building official shall take or <br />cause to be taken, lawful action as provided for in <br />the Eugene Code, 1971. <br />~b~ Third part determination, where determina- <br />tion of a violation entails the use of highl skilled <br />Y <br />personnel or expensive instruments not ordinarily avail- <br />able to,the city,and when, in the judgment of the build- <br />ing off zcial a violation may exist, the building offi- <br />cial shall so notify the person who owns or control <br />s <br />the use in question. The notice shall describe the <br />particulars of the alleged violation and state the rea- <br />sons why the building official believes the violation <br />exists. The notice shall also require an answer or <br />correction of the alleged violation within a reasonable <br />time limit to be set by the building official. <br />The notice shall further state that if the <br />alleged violation is not corrected, a technical deter- <br />mination based on the performance standards set forth <br />in this ordinance shad be made by qualified en ineers <br />or other technical consu ~ g <br />pants, and that if a viola- <br />tion as alleged is found, the cost of the determina- <br />tion shall be charged to those responsible for the <br />violation. If it is determined that no violation <br />exists, the cost of the determination shall be borne <br />by the city. <br />~_c~ Appeals. A building official's determina- <br />tion and enforcement order may be appealed to the <br />hearings official by the person who owns or controls <br />the use in question as follows: <br />. 1, The appeal shall be filed in the office <br />of the building division on a form prescribed b <br />that division. y <br />Ordinance - 7 <br />
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