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4. Prior to the fourth occurrence of an unruly gathering, new tenants <br />replaced those who committed the previous violations, and the <br />owner or owner's agent implemented reasonable precautions to <br />deter or prevent any additional unruly gatherings. <br />(c) In an appeal by an owner of property where ten or more dwelling units <br />are located, if no more than two of the violations occurred at the same <br />dwelling unit, the city manager shall consider, in addition to the factors <br />listed in subsection (8)(b) of this section, whether the owner or owner's <br />agent implemented other measures to prevent or discourage unruly <br />gatherings. Such measures may include, but are not limited to, <br />employing a resident manager, providing a local agent who is <br />accessible to tenants at all times for emergencies, hiring on -sire <br />security, and including behavioral standards in the rental agreement. <br />Section 2 . Section 4.775 of the Eugene Code, 1971, is repealed. <br />Section 3 . Subsection (1) of Section 4.990 of the Eugene Code, 1971, is amended by <br />adding the following entry in numerical order to the list of penalties as follows: <br />4.990 Penalties - Soecific <br />(1) Violation of the following sections is punishable by fine or confinement in jail, <br />or both, up to the amounts indicated opposite each. In addition, the court may <br />order any treatment, related to the violation, deemed necessary for <br />rehabilitation of the offender and the safety of the community. <br />Section Penalty <br />4.672(1) Fine not to exceed $1,000, or community service as <br />determined by the court (which may include <br />restorative justice), or both. <br />Section 4 . Subsections (5) and (6) of Section 4.996 of the Eugene Code, 1971, are <br />added to provide as follows: <br />4.996 Administrative Civil Penalt <br />(5) Second and subsequent violations of subsection (1) of section 4.672 of this <br />code within a twelve -month period are subject to the imposition of response <br />costs as defined in section 4.670 of this code. <br />(6) Upon fourth and any subsequent violation of subsection (1) of section 4.672 of <br />this code within a twelve -month period, at a property as defined in section <br />4.670 of this code, the owner of the property is subject to the imposition of <br />response costs as defined in section 4.670 of this code. <br />Ordinance - Page 4 of 5 <br />