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HomeMy WebLinkAboutOrdinance No. 20015ORDINANCE No, 20015 AN ORDINANCE CONCERNING RULEMAKING AUTHORITY; AMENDING SECTIONS ~ .019 AND ~ .1990 OF THE EUGENE CODE , 1971; ADDING A NEW SECTION 2.1996 TO THAT CODE; AND REPEALING SECTIONS 2.812, 2.813, 2.814, 2.815, 2.816 AND 2.817 OF THAT CODE . THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Subsection (1) of Section 2.019 of the Eugene Code, 1971, is amended to provide 2.019- City Manager - Administrative and Rulemakina Authority and Procedures. (1) Administrative authority. The city manager or the city manager's designee shall have the authority to: (a) Administer oaths; (b) Audit records to assure conformance with this code; (c) Certify official acts; (d) Subpoena and require attendance of witnesses at meetings or hearings to determine compliance with this code: (e) Require production of relevant documents; (f) Swear witnesses; (g) Take testimony of any person by deposition; (h) Adopt rules for implementation of any provisions of this code; and (i) Perform all other acts necessary to administer or enforce the provisions of this code. Section 2 , Sections 2.812 , 2.813 , 2.814, 2.815 , 2.816 and 2.817 of the Eugene Code , 1971, are repea 1 ed . Section 3. Subsection (2) of Section 2.1990 of the Eugene Code, 1971, is amended , and a new Subsection ~ 9 } added thereto , to provide : 2.1990 Penalties -Specific, t 2 } Ui of ati on of a rul e regulating city parks , recreation or cul turn 1 f aci 1 i ti es or programs , or other publ ~ c buildings and faci 1 i ti es owned by the city, including , but not 1 i mi ted to , City Hall , the 1 i bra ry , and the Hul t Center, adopted pursuant to section 2 . D19 i s punishable by a fi ne not to exceed ~5DD or confinement i n jai 1 not to exceed 30 days , or both such fine and imprisonment . (9) Except as provided in subsection (2) of this section, or other provisions of this code, violation of a rule adopted pursuant to section 2.019 Ordinance - 1 is punishable by a fine not to exceed X500. Section 4 . Anew Section 2.1996 i s added to the Eugene Code, 1971, to pravi de 2.1996 Administrative Ci vi 1 Pena 1 tv . ~ 1 } In addition to, and not i n 1 i eu of any other enforcement mechanism authorized by this code, upon a determi nati on by the city manager ar hi slher designee that a person has vi of ated a provi si on of this chapter ar a rul e adopted thereunder , the city manager or designee may i mpase upon the violator andlor any other responsible person an administrative ci vi 1 penalty as provided by section 2.018 of this code. For purposes of this subsection, respansi bl e person includes the violator, and i f the violator i s not the owner of the bui 1 di ng or property at which the violation occurs , the owner as well . ~2} In addition to enforcement mechanisms authorized elsewhere i n this code, failure to pay an administrative civi 1 penalty imposed pursuant to subsection t 1 } of this section shat 1 be grounds far withholding issuance of requested permits or licenses, issuance of a stop work order, if applicable, or revocation ar suspension of any issued permits ar licenses . Section 5 . The City Recorder , at the request of , or with the concurrence of the City Attorney, may admi ni strati vely correct any reference errors contained herein , or i n other provisions of the Eugene Code, 1971, to the provisions added, amended or repea 1 ed herein . Section 6. Nothing contained i n thi s ordinance steal 1 affect the validity of any Park Rules adopted pursuant to the provisions of Sections 2.812 to 2.817 of the Eugene Code, 1971, or the penalties for violation thereof , which steal 1 remain i n ful 1 farce and effect unti 1 amended fol 1 owi ng the procedures set forth i n Section 2.019 of the Eugene Code, 1971 as amended herein . Passed by the City Counci 1 this Approved by the Mayor thi s 2nd day of May , 1995 I ..._ ~ ity ecor er ~~nd day of May , 1995 ayor Ordinance - ~