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HomeMy WebLinkAboutAdmin Order 53-20-06ADMINISTRATIVE ORDER NO. 53-20-06 of the Executive Director of the Planning & Development Department City of Eugene, Oregon DELEGATING DUTIES UNDER CHAPTERS 2, 3, 8, AND 9 AND PORTIONS OF CHAPTER 6 OF THE EUGENE CODE, 1971, AND REPEALING ADMINISTRATIVE ORDER NOS. 53-96-10, 53-03-05, 53-06- 02 AND 53-06-07. The Executive Director of the Planning & Development Department finds that: A. The Eugene Code, 1971, authorizes and/or requires the Executive Director of the Planning & Development Department (referred to in the code as "Planning and Development Director" and "Planning and Development Department Director") to perform certain duties and responsibilities. B. Under provisions of the Eugene Code, 1971, the City Manager of the City of Eugene, has issued Administrative Orders delegating to the Executive Director of the Planning & Development Department ("Executive Director of PDD") certain duties required or authorized to be performed by the City Manager under the provisions of the Eugene Code, 1971. C. On January 31, 1989, the City Manager issued Administrative Order No. 53-89-01 delegating to the Director of the Planning, Development & Building Department (the position which now bears the title of "Executive Director of the Planning & Development Department,") the City Manager's authority to execute on behalf of the City all agreements required in connection with annexations, including any notices of such agreements, modifications of the agreements, or other documents required by the agreements to be subsequently executed, and to carry out the City Manager's responsibilities under Section 2.212 of the Eugene Code, 1971, with respect to requests for extraterritorial water service extensions, sewer service extensions, or provision of water or sewer service to special service districts. D. On July 2, 1996, the City Manager issued Administrative Order No. 53-96-09, re- affirming the delegation of authority to the Executive Director of PD D under Administrative Order No. 53-89-01, and delegating to the Director of the Planning & Development Department (the position which now bears the title "Executive Director of the Planning & Development Department,") the duties and responsibilities to be performed by the City Manager under Chapters 3, 8, and 9 of the Eugene Code, 1971, and delegating joint responsibility for performance of the City Manager's duties and responsibilities under Chapter 6 of the Eugene Code, 1971, to the Executive Director of PDD and the Director of the Public Works Department (the position which now bears the title of "Executive Director of the Public Works Department"). Notwithstanding the delegations above, Administrative Order No. 53-96-09 expressly did not delegate the following duties and responsibilities of the City Manager in Chapters 3, 6, 8 and 9 of the Eugene Code, 1971: Administrative Order --Page 1 of 4 1. The adoption, amendment, or repeal of any rules authorized therein; 2. The adoption, amendment or repeal of any fees or fee schedules authorized therein; or 3. Decision-making authority with respect to appeals or determinations to implement legal proceedings on behalf of the City. E. Administrative Order No. 53-96-09 further specifically authorized the Executive Director of PDD to in tum delegate any of the duties or responsibilities delegated to the Executive Director of PDD to such person or persons qualified to perform the delegated duties. F. On January 29, 2020, the City Manager Pro Tern issued Administrative Order No. 21-20-02 appointing me as the Executive Director of PDD. G. I hereby find it would be more efficient and in the public interest to delegate the Executive Director of PDD's duties and responsibilities under Chapters 3, 8, 9 and portions of Chapter 6 of the Eugene Code, 1971, as well as Section 2 .212 of the Eugene Code, 1971, as set forth in this Administrative Order. H. I hereby find that Delegation and Designation Administrative Order Nos. 53-96- 10, 53-03-05, 53-06-02 and 53-06-07 are inconsistent with this order and should be repealed. NOW, THEREFORE, The Executive Director of the Planning & Development Department orders and directs that: 1. The above findings are adopted. 2. The following Administrative Orders are repealed as of the effective date of this Order: a. Administrative Order No. 53-96-10, issued on July 2, 1996; b. Administrative Order No. 53-03-05, issued on October 31, 2003; c. Administrative Order No. 53-06-02, issued on February 14, 2006; and d. Administrative Order No. 53-06-07, issued on October 6, 2006. 3. In addition to the duties and responsibilities ascribed to the Planning Director under provisions of the Eugene Code, 1971, and adopted City policies and procedures, I hereby delegate to the Planning Division Director of the Planning & Development Department ("Planning Director"), my authority as designee of the City Manager to perform and carry out the City Manager's duties and responsibilities under Chapter 9 of the Eugene Code, 1971, except: Administrative Order --Page 2 of 4 a. The adoption, amendment, or repeal of any rules authorized therein; b. The adoption, amendment or repeal of any fees or fee schedules authorized therein; c. Decision-making authority with respect to appeals or determinations to implement legal proceedings on behalf of the City; and d. The joint Chapter 9 enforcement authority jointly delegated in Section 5 of this Order. 4. I also hereby delegate to the Planning Director the authority previously delegated to the Executive Director of PDD by the City Manager to execute on behalf of the City all agreements required in connection with annexations, including any notices of such agreements, modifications of the agreements, or other documents required by the agreements to be subsequently executed, and to carry out the City Manager's responsibilities under Section 2.212 of the Eugene Code, 1971, with respect to requests for extraterritorial water service extensions, sewer service extensions, or provision of water or sewer service to special service districts. 5. Except as set forth in Finding C and Section 6 of this Order, the duties, responsibilities and authority delegated to the Executive Director of PDD by the City Manager to carry out the City Manager's duties and responsibilities under Chapters 3 and 8 of the Eugene Code, 1971, the joint authority and responsibility to enforce the provisions of Chapter 9 of the Eugene Code, 1971, including permits or variances issued thereunder, and that portion of the joint authority delegated to the Executive Director of PDD and the Executive Director of the Public Works Department to perform and carry out the City Manager's duties and responsibilities under Chapter 6 of the Eugene Code, 1971, are hereby delegated to the Building & Permit Services Division Director of the Planning & Development Department. The Building & Permit Services Division Director shall coordinate the division of responsibility for administration of Chapter 6 with the Executive Director of the Public Works Department. 6. Except as set forth in Finding C of this Order, the duties, responsibilities and authority delegated to the Executive Director of PDD by the City Manager to carry out the City Manager's duties and responsibilities with respect to programs relating to the downtown mall or park blocks regulated under Chapter 3 of the Eugene Code, 1971, are hereby delegated to Community Development Division Director of the Planning & Development Department. 7. Upon finding that it would be more efficient and in the public interest to do so, any of the duties and responsibilities delegated herein may in tum be delegated to such person or persons considered qualified to perform the duties or assume the responsibilities. 8. The delegation of authority contained herein shall be construed to extend to and include any person(s) "acting in capacity" (AIC) for the persons to whom authority is delegated. Administrative Order --Page 3 of 4 9. Nothing contained herein shall be construed in any way to limit or impair the Executive Director of PD D 's authority to perform any of the Executive Director of PD D's duties or responsibilities , whether delegated herein or not. 10. The authorizations and delegations provided for herein are equally applicable when the actions taken or duties performed involve matters occurring within that area outside the city limits and within the City of Eugene 's Urban Growth Boundary (the urban transition area) pursuant to the urban transition agreement between the City of Eugene and Lane County and the land use codes adopted by Lane County and applicable within the urban transition area. Dated and effective this Z1 day of 4vr.Jtt 'f L 2020. /-- Administrative Order --Page 4 of 4 Denny Braud Executive Di ector Planning & Development Department