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dwelling unit where the unruly gathering occurred that future <br />violations may result in initiation of eviction proceedings. <br />2. On the second occurrence of an unruly gathering at the same <br />dwelling unit, the owner or owner’s agent issued a written <br />notice that termination of the rental agreement will be <br />initiated for the tenant(s) responsible for any future unruly <br />gatherings. <br />3. On the third occurrence of an unruly gathering at the same <br />dwelling unit, the owner or owner’s agent initiated eviction <br />proceedings against the tenant(s) responsible for the unruly <br />gathering. <br />4. Prior to the fourth occurrence of an unruly gathering, new <br />tenants replaced those who committed the previous <br />violations, and the owner or owner’s agent implemented <br />reasonable precautions to deter or prevent any additional <br />unruly gatherings. <br />(c) In an appeal by an owner of property where ten or more dwelling <br />units are located, if no more than two of the violations occurred at <br />the same dwelling unit, the city manager shall consider, in addition <br />to the factors listed in subsection (8)(b) of this section, whether the <br />owner or owner’s agent implemented other measures to prevent or <br />discourage unruly gatherings. Such measures may include, but <br />are not limited to, employing a resident manager, providing a local <br />agent who is accessible to tenants at all times for emergencies, <br />hiring on-sire security, and including behavioral standards in the <br />rental agreement. <br /> <br /> <br /> Section 2. <br /> Section 4.775 of the Eugene Code, 1971, is repealed. <br />4.775 Special Response Fee <br />[. <br />(1) <br /> Applicability. Subject to the limitations contained in subsections (2) through <br />(7) of this section, the city may impose a special response fee when the police <br />respond to a gathering of 25 or more persons on private property (“the <br />premises”) and they arrest or cite two or more individuals for violation of the <br />Oregon criminal statutes or provisions of this code listed in this subsection. <br />As used in this section, “the premises” means each separate address to which <br />a response is made, including its curtilage. <br />(a) All criminal homicide offenses in ORS 163.095 through 163.145. <br />(b) All sexual offenses in ORS 163.355 through 163.445 and 163.670 <br />through 163.700, and section 4.755 of this code. <br />(c) All felony drug offenses as enumerated in ORS 475.992. <br />(d) Endangering Welfare of a Minor, ORS 163.575. <br />(e) All arson offenses in ORS 164.315 and 164.325. <br />(f) Reckless Burning, ORS 164.335. <br />(g) All criminal mischief offenses in ORS 164.345 through 164.365, and <br />sections 4.780 and 4.782 of this code. <br />(h) All assault offenses in ORS 163.160 through 163.185, ORS 163.208, <br />and section 4.729 of this code. <br />(i) Recklessly Endangering Another Person, ORS 163.195. <br />(j) All gambling offenses in ORS 167.122 through 167.147. <br />Ordinance - Page 4 of 8 <br />