Admin Order 31-03-02-F - Laserfiche WebLink

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Administrative Rule R-4.808 -Procedures for Posting of Property as Not Fit for Use Under ORS 453.876 and for Appeals Therefrom, R-4.808-A Definitions. As used herein, the following words and phrases mean: Controlled substance does not include marijuana. Illegal chug manufacturing site is any property on which there is a reasonably clear possibility of contamination with chemicals associated with the manufacturing of controlled substances and where activity involving the unauthorized manufacture of a controlled substance in Schedules I and II under the federal Controlled Substances Act, 21 U.S.C. §§ 811 to 812, as amended by the Board of Pharmacy pursuant to ORS 475.035, and set out in OAR 855-080-0021 through 855-080- 0022~ or any precursor chemical for such substances occurs; or wherein are kept, stored or located any of the devices, equipment, things or substances used for the unauthorized manufacture of a controlled substance listed on Schedules I and H. R-4.808-B Determination that Property is not Fit for Use. The Police Chief, Fire Chief, or their designees, may determine that a property is not fit for use pursuant to ORS 453.876 and may make that determination on site. The determination is effective immediately and renders the property not fit for use. R-4.808-C Appeal. 1. The owner whose property has been deten?ained by the City to be not fit for use pursuant to this Rule, may appeal that determination in the manner set forth in this Rule. The appeal shall be filed with the Municipal Court of the City within 30 working days after the determination, and shall be accompanied by the appeal fee as established by the City Manager under Section 2.020 of the Eugene Code, 1971. 3. The question on appeal is limited to whether the site is an illegal drug manufacturing site. 4. The appeal shall be heard by a Municipal Court judge, and the determination of the City that the property is not fit for use shall be affirmed if the Municipal Court judge finds that the City has established by a preponderance of the evidence that it had reasonable grounds to believe that the property has been used as an illegal drug manufacturing site. 5. Notwithstanding a finding by the Municipal Court judge that a property was an illegal drug manufacturing site at the time of the determination, if, at the time of the hearing, the Administrative Order - 2 C *,W2FNDOWS\TEMPX31-03-02-F wpd