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HomeMy WebLinkAboutAdmin Order 56-21-08 -- Extending Emerg. 13th and Chambers Rule (Exp. 6-14-22)ADMINISTRATIVE ORDER NO.56-21-08 of the City Manager EXTENDING ADMINISTRATIVE ORDER N0.56-21-049 EMERGENCY ADOPTION OF RULES FOR MAP AND TAX LOT 17-04-36-42/10400. The City Manager of the City of Eugene fmds that: A. Section 2.019 of the Eugene Code, 19711 authorizes the City Manager or designee to adopt rules for implementation of any provisions of the Eugene Code, 1971. Subsection (6) of Section 2.019 authorizes the City Manager to adopt emergency rules without prior notice or hearing. On March 19, 2021, I issued Administrative Order No. 56-21-01 adopting emergency rules for Assessor's Map and Tax Lot 17-04-36-42/10400. B. On June 3Q, 2021, I issued Administrative Order No. 56-21-04 repealing and replacing the Emergency Rules adopted by Administrative Order No. 56-21-01 to add to the Fire Marshal's recommended revisions to the blanket "setting any fire" prohibition set forth in the March 19, 2021 Emergency Rules, to more clearly explain what is prohibited and what is allowed on the property identified as Assessor's Map 17-04-3642, Tax Lot 10400. Administrative Order No. 56-21-04 will expire on December 27, 2021. C. The real property located at Assessor's Map and Tax Lot 17-04-36-42 / 10400 on 13th Avenue, and shown in Attachment A to this Administrative Order, is owned by the City of Eugene, it is not open to the public, and it is currently posted with "No Trespassing" signs (hereinafter referred to as "the Property"). A small portion of the Property is an authorized car camping site, managed by St. Vincent DePaul. D. Over the last several months, a number of individuals have trespassed on the Property by erecting tents and using the Property as a temporary campsite. Because of the COVID- 19 pandemic, the City has exercised its discretionary enforcement authority and not cited those individuals for trespass. There continues to be an increase in the amount of garbage and human waste accumulating at the Property and an increase in neighbors reporting unlawful activity occurring both at the Property and nearby. E. Recognizing the ongoing COVID49 pandemic, and the potential negative consequences of immediately enforcing the City's trespass laws on everyone currently, unlawfully, at the Property, it is necessary to extend the Emergency Rule adopted by Administrative Order No. 56-21-01 so that the City can continue managing the Property to ensure the health and safety of both those individuals currently on the Property as well as the surrounding community. F. Extension of this Emergency Rule should be implemented without prior public notice pursuant to subsection (6) of Section 2.019 of the Eugene Code, 1971, because failure to act promptly in extending this Rule will prevent the City from effectively managing the use and behaviors currently occurring at the Property. Without a temporary management mechanism, the primary tool available to the City would be enforcement of its trespass laws. Administrative Order -Page 1 of 3 NOW, THERFORE, based upon the above findings and pursuant to the authority in subsection (6) of Section 2.019 of the Eugene Code, 1971, I order that this Emergency Rule shall become effective immediately and remain in effect for a period of 180 days from the date this Order is signed unless replaced earlier by an emergency rule, temporary rule, or permanent rule adopted in accordance with the provisions of Section 2.019 of the Eugene Code, 1971. MAP AND TAX LOT 17-04-36-42/10400 ADMINISTRATIVE RULES 1.000 APPLICATION OF PARK AND OPEN SPACE RULES The Park and Open Space (POS) Rules adopted by Administrative Order No. 58- 17-07-F, and all amendments thereto, shall apply to Assessor's Map and Tax Lot 17-04-36- 42/10400 on 13th Avenue ("the Property"). Notwithstanding the application of the Parks and Open Space Rules to the Property, it is understood that management of the Property will include the City temporarily exercising its discretionary enforcement authority to not enforce Section 1.003 of the Parks and Open Space Rules (Hours Parks and Open Space Are Closed), 1.002 TENTS AND OTHER STRUCTURES A. Notwithstanding POS Rule Section 1.010(3), tents are not prohibited at the Property. Setting up or constructing any other temporary structure or enclosure remains prohibited by Section 1.010(3) at the Property. B. No tent may be erected on the Property outside of the tent -locations designated by the City. The City will not designate more than 75 tent -locations. The 75 City - designated tent -locations may be occupied by no more than a total of 85 individuals. 1.003 ADDITIONAL RULES must: A. In addition to complying with the POS Rules, all individuals at the Property 1. Put all trash in a bag or a trash can; 2. Use only the portable restrooms when going to the bathroom; 3. Keep the area within their control clean and healthy with no significant gazbage or debris; 4. Keep the area within their control safe with no evidence of conspicuous drug use, including no uncapped, used hypodermic needles or other paraphernalia that could be a health hazard to other community members; 5. Comply with this Administrative Order, state statute, the Eugene Code, and posted signs; Administrative Order -Page 2 of 3 6. Limit each campsite to no more than two 1-pound propane or butane fuel canisters; and, 7. Maintain and use all cooking and warming appliances in accordance with the manufacture's recommendations, making no modifications to the equipment or fuel source. B. In addition to the prohibitions in the POS Rules, all individuals at the Property are prohibited from: 1. Setting any fire, except for the use of charcoal grills, propane or butane camp stoves, and portable heaters; using any liquid fuel (such as white gas and gasoline); and, using any non -charcoal solid fuel; 2. Bringing to the Properly household furniture, including but not limited to couches; 3. Trespassing on nearby private property; 4. Engaging in any activity or conduct that is disruptive to other individuals on the Property or nearby; and, 5. Possessing propane or butane fuel cannisters larger than 1-pound. 1.004 PENALTIES In addition to any penalties set forth in the POS Rules, state statute, and the Eugene Code, violation of this Administrative Order can result in being required to leave the Properly by authorized City personnel. Failure to leave the Property at the direction of authorized City personnel for violation of this Administrative Order constitutes trespassing. Dated and effective this L� day of December, 2021. Sarah Medary City Manager Administrative Order -Page 3 of 3