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the access connection including the sidewalk section shall be constructed in <br />accordance with construction specifications and standard drawings adopted <br />by the city engineer. <br />Section 14. <br /> Section 7.435 of the Eugene Code, 1971, is repealed and a new Section <br />7.435 is added to provide as follows: <br />7.435 Access Connections – Permit Alteration and Revocation; Connection Closure. <br />(1) <br />The city manager or manger’s designee may, after providing notice to affected <br />property owners and tenants, alter or revoke an access connection permit <br />issued pursuant to section 7.385 of this code if: <br />(a) The access connection is not constructed according to specification; or <br />(b) The access connection is not maintained in a safe manner; or <br />(c) The access connection becomes hazardous due to traffic congestion. The <br />determination that an access connection is hazardous to the public’s use <br />of the right-of-way shall be based on traffic engineering principles and <br />traffic investigations. <br />(2) <br />Any person aggrieved by administrative action of the city manager or the <br />manager's designee taken under the provisions of section (1) may appeal the <br />action in the same manner as provided in section 5.045 of this code. <br />(3) <br />If an access connection not permitted pursuant to section 7.385 of this code is <br />deemed by the city manager or manager’s designee to be hazardous to the <br />public’s use of the right-of-way, the access connection shall be relocated <br />and/or reconstructed by the owner(s) of the property served by the subject <br />access connection. The determination that an access connection is hazardous <br />to the public’s use of the right-of-way shall be based on traffic engineering <br />principles and traffic investigations. <br />(a) Upon determination by the city manager or manager’s designee that an <br />existing access connection is a hazard to the public’s use of the right-of- <br />way, the city shall send the owner(s) of the property served by the subject <br />access connection notice of the determination. <br />(b) The owner(s) of the property served by the subject access connection <br />may appeal the determination in accordance with section 5.045 of this <br />code. <br />(c) If no appeal is filed within the time specified in section 5.045 of this code, <br />the owner(s) of the property served by the subject access connection <br />shall have 90 days from the date of the notice to relocate and/or <br />reconstruct the access connection to conform to the provisions of this <br />code and adopted design standards. <br />(d) If the owner fails to relocate and/or reconstruct the access connection to <br />conform to the notice within 90 days, the city manager or manager’s <br />designee will cause the relocation and/or reconstruction to be completed <br />and all expenses will be assessed against the property owner. <br />Section 15. <br /> Section 7.445 of the Eugene Code, 1971, is amended to provide as follows: <br />7.445 Use of Public Right-of-Way <br />. <br />(1) <br />Public right-of-way shall not be used for private commercial purposes except <br />Ordinance - Page 8 of 9 <br />