HomeMy WebLinkAboutOrdinance No. 20169ORDINANCE NO, 20169
AN GRDINANCE CONCERNING EROSION NUISANCE
ABATEMENT; AND AMENDING SECTIONS 2.01 S, b.010,
6.080, 6.085, 6.090, 6.100, 6.110 AND 6.640 OF THE EUGENE
CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Subsection ~5} of Section 2.018 of the Eugene Code,1971, is amended to provide
as follows:
a er Authors , to 1m ose Admzn~stra.
2.018 Cit~M.~..an,,,,~,_,,,. ~~,,.,~~._~,..._ ,,,,~~ ~ ,.,five Civ,~~.Penalty.
~5} Utilizing the procedure set forth in section 2.019 of this code, the city manager
shall adopt by rule either a schedule of, or specific criteria to be used in, establishing penalty
amounts that may be imposed for particular violations. Except for violation of sections 6.501 to
6.596 of this code or any rules issued thereunder no a ' 'strative civil penalty imposed under this
section shall exceed $2,000 per day. Far violation of sections 6.501 to 6.596 of this code or any
rules issued thereunder, no administrative civil penalty imposed under this section shall exceed
$25,000 per day. In imposing a penalty authorized by this section, the ci mana er or deli nee shall
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consider:
~a} The person's past history in taking all feasible steps or procedures
necessary or appropriate to correct the violation;
fib} Any prior violations of statutes, rules, orders and permits;
~c} The gravity and magnitude of the violation;
~d} Whether the violation was repeated or continuous;
fie} Whether the cause of the violation was an unavoidable accident,
negligence or an intentional act;
~f} The violator's cooperativeness and efforts to correct the violation;
and
(g) Any relevant rule of the city manager.
Section 2. Section 6.010 of the Eugene Code,1971, is amended by adding a new Subsection
~n}, and the current Subsection ~n}, is re-lettered to provide:
6.010 Nuisances„ Affecting.,,the Public. The following are nuisances which
may be abated as provided in this code:
ordinance -1
fin} Unlawful erosion. A violation of sections 6.625 to 6.645 of this code,
the rules adopted thereunder, the erosion prevention permit or a condition thereon.
Unlawful erasion includes the impacts of such erosion, on-site or off site.
~o} Qthers. Any other thing, substance, condition, or activity prohibited
by state law, common law, this code, other ordinances, or which is determined by the
council to be injurious or detrimental to the public health, safety, or welfare of the
city.
SectYOn 3. Subsection ~3}~d} of Section 6.080 of the Eugene Cade, 1971, is amended as
follows:
6.080 Abatement Procedures -Notice.
~3} The notice to abate shall contain:
~a} A description of the real property, by street address or otherwise, on
which the nuisance exists.
fib} A direction to abate the nuisance within 10 days from the date of the
notice.
~c} A description of the nuisance.
~d} A statement that unless the nuisance is abated, the city may abate the
nuisance and the cost of abatement shall be charged to the person responsible and
assessed against the property.
fie} A statement that failure to abate a nuisance may result in a court
prosecution.
~~ A statement that the person respansible may appeal the order to abate
by giving notice to the enforcing off cer within 10 days from the date of the notice.
Section 4. Subsections ~ 1 } and ~2} of Section 6.090 of the Eugene Code,1971, are amended,
and new Subsection ~4} is added to provide:
6.090 Abatement,,Procedures ~ By the City.
~ 1 } zf the nuisance has not been abated by a person responsible within the time
allowed, or where there exist off site impacts resulting from unlawful erosion, the city manager, or
the manager's designee may cause the nuisance to be abated.
~2} The officer charged with abatement of the nuisance, or contractors acting
under the direction of the officer shall have the right at reasonable times to enter into or upon
property in accordance with law to investigate or cause the removal of a nuisance, including
remedying the impacts from unlawful erosion.
~4} Notwithstanding subsections ~ 1 } through ~3} of this section, in the event the
nuisance is based on section 6.010~n} of this code, and the unlawful erasion adversely impacted
public property or other privately owned, off site property, the city may elect to abate those off site
Ordinance - 2
impacts without providing any opportunity far the person responsible to abate the problems. when
the city takes such action, the city may assess the responsible party for the total cost of that
abatement including administrative overhead.
Section 5. Subsection ~3} of Section 6.100 of the Eugene Code,1971, is amended as follows;
6.100 Abatement Procedures - Assessment of Costs.
~3} rf no objection is f led or if the assessed costs are not paid within ten days
from the ate of the notice, an assessment of the costs as stated shall be made by the finance officer
and shall thereupon be entered in the docket of city liens; and, upon such entry being made, shall
constitute a lien upon the property from which the nuisance was removed or abated or upon the
abutting property when the nuisance was removed or abated from the adjoining public way. zf the
person responsible is not the owner of that property, then the city also may impose a lien upon
property owned by the person responsible.
Section 6. Subsection ~ l } of Section 6.110 of the Eugene Code,1971, is amended as follows:
6.110 Abatement Procedures - Summ Abatement.
~ 1 } The procedure provided by sections 6.080 to 6.105 is not exclusive but is in
addition to procedures provided by other laws. The city manager or the manager's designee may
proceed to summarily abate a nuisance which unmistakably exists and which imminently endangers
the environment, human life, health or property. The cost of such abatement may be assessed as
provided in section 6.100.
Section 7, Subsection ~3} of Section 6.640 of the Eugene Code, 1971, is amended by adding
new Subsections (d) and (e) to provide:
6.640 Erosion Prevention w Enforcement.
~3} ~ialations. Failure to comply with the provisions of this code, rules issued
hereunder, the erosion prevention permits, or conditions imposed thereon, during the period that the
permits} remains in effect may result in:
~a} The issuance of a stop work order or compliance order by the city;
fib} The issuance of a citation into municipal court far violation of this
code; andlor
~c} The imposition of an administrative civil penalty pursuant to the
provisions of section 2.01 S of this code.
~d} An order to investigate all of the impacts caused by the violation.
fie} Abatement of the unlawful erosion as a nuisance as provided in
Sections 6.005 to 6.115 of this code.
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Section S. 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
Z7t~ day of September,1999
~-
City Recorder
Approved by the Mayor this
Z7th day of September,1999
/ ~_
Mayo
ordinance - 4
ORDINANCE NO.20169
AN ORDINANCE CONCERNING EROSION NUISANCE
ABATEMENT; AND AMENDING SECTIONS 2.O1S, 6.010,
6.OS0, 6.085, 6.090, 6.100, 6.110 AND 6.640 OF THE EUGENE
CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Subsection ~5} of Section 2,01$ of the Eugene Code,1971, is amended to provide
as follows:
2.01 S Cit Mana er - Authori to lm ose Administrative Civil Penal .
~5} Utilizing the procedure set forth in section 2.019 of this code, the city manager
shall adopt by rule either a schedule of, or specific criteria to be used in, establishing penalty
amounts that may be imposed for particular violations. Except for violation of sections 6.501 to
6.596 of this code or any rules issued thereunder no a ' 'strative civil penalty imposed under this
section shall exceed $2,000 per day. For violation of sections 6.501 to 6.596 of this code or any
rules issued thereunder, no administrative civil penalty imposed under this section shall exceed
$25,000 per day. In imposing a penalty authorized by this section, the city manager or desi nee shall
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cons er:
~a} The person's past history in taking all feasible steps or procedures
necessary or appropriate to correct the violation;
fib} Any prior violations of statutes, rules, orders and permits;
~c} The gravity and magnitude of the violation;
~d} whether the violation was repeated or continuous;
fie} ,whether the cause of the violation was an unavoidable accident,
negligence or an intentional act;
~1} The violator's cooperativeness and efforts to correct the violation;
and
(g) Any relevant rule of the city manager.
Section 2. Section 6.010 of the Eugene Code,1971, is amended by adding a new Subsection
~n}, and the current Subsection ~n}, is re-lettered to provide;
6.010 Nuisances Affectin the Public. The following are nuisances which
maybe abated as provided in this code:
Ordinance -1
fin} Unlawful erosion. A violation of sections 6.625 to 6.645 of this code,
the rules adopted thereunder, the erosion prevention permit or a condition thereon.
Unlawful erosion includes the impacts of such erosion, on-site or off site.
~o} others. Any other thing, substance, condition, or activity prohibited
by state law, common law, this code, other ordinances, or which is determined by the
council to be injurious or detrimental to the public health, safety, or welfare of the
city.
Section 3. Subsection ~3}~d} of Section 6.080 of the Eugene Code, I971, is amended as
follows:
6.080 Abatement Procedures -Notice,
~3 } The notice to abate shall contain:
~a} A description of the real property, by street address or otherwise, on
which the nuisance exists.
native.
fib} A direction to abate the nuisance within 10 days from the date of the
~c} A description of the nuisance.
~d} A statement that unless the nuisance is abated, the city may abate the
nuisance and the cost of abatement shall be charged to the person responsible and
assessed against the property.
fie} A statement that failure to abate a nuisance may result in a court
prosecution.
~f~ A statement that the person responsible may appeal the order to abate
by giving notice to the enforcing officer within I o days from the date of the notice,
Section 4. Subsections ~1} and ~2} of Section 6.090 of the Eugene Code,1971, are amended,
and new Subsection ~4} is added to provide:
6.094 Abatement Procedures,,,,,,- B, the City.
~ I } ff the nuisance has not been abated by a person responsible within the time
allowed, or where there exist off site impacts resulting from unlawful erosion, the city manager, or
the manager's designee may cause the nuisance to be abated.
~2} The officer charged with abatement of the nuisance, or contractors acting
under the direction of the officer shall have the right at reasonable times to enter into or upon
property in accordance with law to investigate or cause the removal of a nuisance, including
remedying the impacts from unlawful erosion.
~4} Notwithstanding subsections ~1} through ~3} of this section, in the event the
nuisance is based on section 6.O10~n} of this code, and the unlawful erosion adversely impacted
public property or other privately owned, off site property, the city may elect to abate those off site
ordinance - 2
impacts without providing any opporh~nity for the person responsible to abate the problems. when
the city takes such action, the city may assess the responsible party for the total cost of that
abatement including administrative overhead.
Section 5. Subsection ~3} of Section 6.100 of the Eugene Code,1971, is amended as follows:
6.100 Abatement Procedures - Assessment of Costs.
~3} If no objection is filed or if the assessed costs are not paid within ten days
from the date of the notice, an assessment of the costs as stated shall be made by the finance officer
and shall thereupon be entered in the docket of city liens; and, upon such entry being made, shall
constitute a lien upon the propert~r from which the nuisance was removed or abated or upon the
abutting property when the nuisance was removed or abated from the adjoining public way. zf the
person responsible is not the owner of that property, then the city also may impose a lien upon
property owned by the person responsible.
Section b. Subsection ~1} of Section 6:110 of the Eugene Code,1971, is amended as follows:
6.110 Abatement Procedures -Summary Abatement,
~ 1 } The procedure provided by sections 6.080 to 6.145 is not exclusive but is in
addition to procedures provided by other laws. The city manager or the manager's designee may
proceed to summarily abate a nuisance which unmistakably exists and which imminently endangers
the environment, human life, health or property. The cost of such abatement may be assessed as
provided in section 6.100.
Section 7. Subsection ~3} of Section 6.640 of the Eugene Code,1971, is amended by adding
new Subsections (d) and (e) to provide:
6.640 Erosion Prevention -Enforcement.
~3} Violations. Failure to comply with the provisions of this code, rules issued
hereunder, the erosion prevention permits, or conditions imposed thereon, during the period that the
permits} remains in effect may result in:
~a} The issuance of a stop work order or compliance order by the city;
fib) The issuance of a citation into municipal court for violation of this
code; andlor
~c} The imposition of an administrative civil penalty pursuant to the
provisions of section 2.01 S of this code.
~d} An order to investigate all of the impacts caused by the violation.
fie} Abatement of the unlawful erosion as a nuisance as provided in
Sections 6.005 to 6.115 of this code.
ordinance - 3
Section S. The City Recorder, at the request of, or with the concurrence of the City Attorney,
is authorized to a ' 'stratively correct any reference errors contained herein or in other provisions
of the Eugene Code, I97I, to the provisions added, amended or repealed herein.
Passed by the City Council this
27t~ day of September, 1999
f
City Recorder
Approved by the Mayor this
27th day of September, 1999
l ~~
Mayo
ordinance - 4
CITY OF EUGENE
INTER-DEPARTMENTAL MEMORANDUM
CITY ATTORNEY -CIVIL DEPARTMENT
To: C actin - ASD Date: December 29 1999
sect: EC 6.100
In response to your e-mail of December 23,1999, we have reviewed our files with respect
to the graffiti ordinance ~No. 20165} adopted on August 11,1999 and the unlawful erosion ordinance
~No. 20169} adopted on September 27,1999. Both of these ordinances effected amendments to
Section 6.100 of the Eugene Code, 1971 SEC},
In addition to ater text changes, Ordinance 20165 added a new subsection ~2} to EC 6.100,
resulting in the existing subsections ~2} through (5}being renumbered ~3}through ~6}.
___
Ordinanc 20169 as initially drafted prior to enactment of Ordinance 24165, It is clear
from a review of the legislative draft of the ordinance that the intent was to amend the prior
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subsection ~3}, which became subsection ~4} after passage of Ordinance~~0~~~65. e only changes
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proposed consisted of the insertion of the word "assessed" before the word "costs" and deletion of
the phrase "of the abatement" after the word in the f rst lane, and addition of the last sentence that
provided "If the person responsible is not the owner of the property, then the city also may impose
alien upon property owned by the person responsible."
By copy of this memorandum we are requesting the City Recorder to correct as a scrivener's
error the reference to Subsection ~3} in Section 5 of Ordinance No. 20169 so that it refers to
Subsection ~4}, and to make a corresponding change to the on-line version of the Code.
If you or the Recorder's office have any questions, please let us know.
HARRANG LONG GARY RUDNICK P.C.
CITY ATTU YS
~~
en Fein
CrK: j
c • Kate Fieland
Deputy City Recorder