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ADMINISTRATIVE ORDER NO. 44-11-02 of the City Manager City of Eugene, Oregon AMENDMENT OF THE LIEN COLLECTION ANDIOR LIEN FORECLOSURE PROCEDURES AND REPEAL OF ADMINISTRATIVE ORDER NO. 44-00-01, The City Manager of the City of Eugene finds that: A. Under the provisions of Chapter IV, Section 16 of the Eugene Charter of 2002, the City Manager is designated as the administrative head of the City, specifically authorized to appoint, remove, and direct all employees (except as otherwise provided in the Charter), and to enforce all ordinances of the City. B, Certain provisions of the Eugene Code, 1971 ( "the Code "), and Administrative Rules issued thereunder authorize the imposition of administrative civil penalties that become liens upon the property if they remain unpaid, as do costs incurred by the City in abating nuisances on private property. Such liens may be foreclosed by the City as provided in Sections 2.540 to 2.547 of the Code, and are in addition to, and separate from foreclosures for assessments and Systems Development Charges contractual matters. C. on March 17, 2000, Administrative order No. 44 -00 -01 was issued establishing procedures intended to ensure that foreclosure of liens for nonpayment of administrative civil penalties and abatement of costs be processed in a uniform manner that would discourage repeated violations. D. At times, it makes sense that foreclosure proceedings not be initiated due to financial or other circumstances. Therefore;:: it: is necessary to amend the lien collection and/or lien foreclosure procedures to grant the Executive Director of Central Services the decision making authority to not proceed with foreclosures after considering the criteria for compromising claims set out in Section 2.582(4 )of the Code. Nothing in these amended procedures allows the Executive Director of Central Services to compromise a claim for civil penalties pursuant to Section 2.582 of the Code. Now, therefore, The City Manager of the City of Eugene Orders that, based on the above findings which are adopted, Administrative order No. 44- 00--01 is repealed, and the procedures for the foreclosure of liens for nonpayment of administrative civil penalties and abatement costs set out below are adopted as of the effective date of this order. LIEN COLLECTION ANDIOR LIEN FORECLOSURE PROCEDURES 11 Foreclosure proceedings shall be initiated when a lien or accumulated liens for unpaid civil penalties and/or abatement costs total $10,000 or more. Any time payment is made Administrative order No. 44-09 --06 - Page 1 of 2