HomeMy WebLinkAboutOrdinance No. 20221
.......... .
COUNCIL ORDINANCE NUMBER 20221
COUNCIL BILL NUMBER 4757
AN ORDINANCE CONCERNING UNLAWFUL POSTING, AND AMENDING
SECTION 4.050, 4.990 AND ADDING A NEW SECTION 4.996 TO THE
EUGENE CODE, 1971.
DATE SUBMITTED: January 22,2001
PASSED: 8/0
ABSENT:
OPPOSED:
REJECTED:
ABSTAINED:
DEFERRED TO:
FIRST READING: January 22, 2001
SECOND READING: January 22, 2001
ORDINANCE NO. 20221
AN ORDINANCE CONCERNING UNLAWFUL POSTING,
AND AMENDING SECTIONS 4.050, 4.990; AND ADDING A
NEW SECTION 4.996 TO THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 4.050 of the Eugene Code, 1971, is amended to provide:
4.050 Affixing. Disolaying. Painting. Etc.. Matter to Streets. Trees. Etc. Prohibition.
Responsibility for Costs.
(l) No person shall affix or display, or cause to be affixed or displayed, a notice,
placard, bill, handbill, card, advertisement or sign on a sidewalk, crosswalk, curb or curb- stone, or
a portion or part of a public way or public place, or a public lamp post, electric light, telegraph,
telephone pole or railway structure, hydrant, shade tree or tree-box or on the piers, columns, trusses,
girders, railings, gates or other parts of a public bridge or viaduct, or other public structure or
building, or on a pole, box or fixture of the fire alarm or police telegraph system, except as may be
authorized or require.d by the laws of the United States, State of Oregon, this code or other
ordinances.
(2) In addition to any other penalty provided by law, any such notice, placard,
bill, handbill, card, advertisement or sign may be impounded by the city and disposed of in
accordance with the procedures outlined in sections 2.825 to 2.855 of this code.
(3) In addition to the penalty specified in section 4.990 or 4.996 of this code, any
person responsible for any posting made unlawful by subsection (l) of this section shall also be
liable to the city for the costs incurred by the city in removal thereof and, in event of a failure to pay,
for billing and collection charges. If the costs of removal are not paid within 30 days after the city
mails the bill for the costs incurred by the city for removal, the city manager, or his or her designee,
is authorized to effect the collection of the removal costs, together with interest and the costs of
collection, including reasonable attorney's fees. The cost shall be determined in accordance with
a rate schedule approved by the city manager. Costs include, but are not limited to, direct labor,
material and equipment costs, as well as department and general city overhead costs attributable to
the removal of the unlawfully posted material and to identifying the responsible person or persons
and collecting from them the costs of removal.
(4) For purposes of recovering the costs of removal, there is a rebuttable
presumption that:
( a) A real estate agent, broker, brokerage firm, auctioneer or other person
whose name or telephone number appears on the posted material is the person
responsible for its posting;
(b) A candidate seeking office is the person responsible for posting any
material promoting his or her candidacy for public office;
Ordinance - 1
( c) A person conducting a yard, garage, estate or moving sale is the
person responsible for posting any material advertising the sale; and, unless the sale
is advertised as that of a merchant or liquidator engaged in the business of selling
personal property, that the owner, or lessee if the property is leased, of the premises
where the sale occurs is responsible for conducting the sale;
(d) An owner, or lessee if the property is leased, of property used for a
commercial activity or event is the person responsible for posting any material
advertising the commercial activity or event;
(e) A person whose name, telephone number or address appears as the
sponsor of a sporting event, concert, theatrical performance or similar activity is the
person responsible for posting any material advertising the activity or event;
(t) A person whose name, telephone number or address appears as the
person to contact on any posted material is the person responsible for posting the
material.
The presumptions in this subsection for recovering the costs of removal of the posted material do
not apply to prosecutions in municipal court for violation of subsection (1) of this section.
(5) An individual presumed responsible for removal costs under subsection (4)
of this section may request an administrative hearing before the city manager or the manager's
designee by submitting to the city manager or his or her designee a written declaration made under
penalty of perjury or a sworn affidavit that the person did not cause, authorize, or permit the posting
of the material in violation of subsection (1) of this section. Such declaration or affidavit must be
submitted to the city manager or his or her designee within 10 days of the date the city's billing
statement for removal costs was mailed. If such a declaration is filed, an administrative hearing will
be scheduled. At that hearing, the city will have the burden of proving by a preponderance of the
evidence that the person billed for the removal costs caused, authorized, or permitted the posting of
material in violation of subsection (1) of this section, and that the costs were properly computed.
(6) The city manager is authorized to promulgate rules in the manner prescribed
in section 2.019 of this code for the implementation of the program to recover the costs of removal,
including providing for an administrative hearing before the city manager or his or her designee.
Section 2. The listing for violation of Sections 4.045 to 4.075 of the Eugene Code, 1971 set
forth in the matrix of Subsection 4.990(1) is amended to provide:
4.990 Penalties - Specific.
(1) Violation of the following sections is punishable by fine or confinement in
jail, or both, up to the amounts indicated opposite each:
Section Penalty
4.045 to 4.075 $ 500 fine (See section 4.996 for civil administrative
penalty for violation of section 4.050.)
Section 3. A new Section 4.996 is added to the Eugene Code, 1971, to provide:
Ordinance - 2
4.996 Administrative Civil Penalty.
(1) In addition to, and not in lieu of any other enforcement mechanism authorized
by this code the city manager or designee may impose upon the person responsible for violation of
subsection (1) of section 4.050 of this code, an administrative civil penalty as provided by section
2.018 of this code. For purposes of this subsection, there is a rebuttable presumption that a person
responsible includes those persons referenced in subsections 4.050(4)(a)-(t).
(2) Notwithstanding the appeal procedures of sections 2.018 and 2.021 of this
code, an individual presumed responsible under subsection 4.050(4) for payment of an administrative
civil penalty may appeal the imposition of the administrative civil penalty within 10 days of the date
of the civil penalty is imposed. The individual presumed responsible shall submit with the notice
of appeal to the city manager or designee a written declaration made under penalty of perjury or a
sworn affidavit that the person did not cause, authorize, or permit the posting of material in violation
of subsection 4.050(1). A notice of appeal that does not contain such a declaration shall be
dismissed.
(3) In addition to enforcement mechanisms authorized elsewhere in this code,
failure to pay an administrative civil penalty imposed pursuant to this section constitutes a violation
of this code.
Section 4. The City Recorder, at the request of, or with the concurrence of the City Attorney,
is authorized to administratively correct any reference errors contained herein or in other provisions
of the Eugene Code, 1971, to the provisions added, amended or repealed herein.
Passed by the City Council this
Approved by the Mayor this
22nd day of January, 2001
Mayor
$~-1-1 / :E;4~
City Recorder
Ordinance - 3