HomeMy WebLinkAboutOrdinance No. 20177GRDINANCE NG, 20177
AN (]RDINANCE CONCERNING ERGSIUN PREVENTION
AND AMENDING SECTIUNS 2.018, 6.406, 6.635, 6.640 AND
7,010 4F THE EUGENE CODE, 1971.
THE CITY GF EUGENE DaES nRDAIN AS FULLUWS:
Section 1. Subsections (2), (4) and (6) of Section 2.018 of the Eugene Code, 1971, axe
amended as follows:
2.018 Ci Mana er ~ Authori to Im ose Administrative Civil Penalt .
~2} Prior to imposing an administrative civil penalty under this section the city
manager or designee shall pursue reasonable attempts to secure voluntary correction, failing which
the city manager or designee may issue an order to one or more of the responsible persons to correct
the violation. Except where the city manager determines that the violation poses an immediate threat
to health, safety, environment or public welfare, the time for correction shall be not less than five
calendar days.
~4} Notwithstanding subsection ~2} above, the city manager or designee may issue
a notice of civil violation without having issued an order to correct violation or made attempts to
secure voluntary correction where the city manager or designee determines that the violation was
knowing or intentional, or a repeat of a similar violation, or far any violation of sections 6.446, 6.501
to 6.594 or 6.625 to 6.645 of this code or any rules issued thereunder.
~6} The notice of civil penalty shall either be served by personal service or shall
be sent by registered or certified mail and by fzrst class mail. Any such notice served by maxi shall
be deemed received for purposes of any time computations hereunder three days after the date
mailed if to an address within this state, and seven days after the date mailed if to an address outside
this state. A notice of civil penalty shall include:
~a} Reference to the particular code provision or rule involved;
fib} A short and plain statement of the matters asserted or charged;
~c} A statement of the amount of the penalty or penalties imposed;
~d} The date on which the order to correct was issued and time by which
correction was to be made, or, if the penalty is imposed pursuant to subsection ~4} a
short and plain statement of the basis for concluding that the violation was knowing,
intentional, or repeated or a statement that the violation concerned sections 6.446,
6.501 to 6.596 or 6.625 to 6.645 of this code or rules issued thereunder; and
fie} A statement of the party's right to appeal the civil penalty to a hearings
officer.
ordinance w 1
Section ~. Section 6.406 of the Eugene Code, 1971 is amended by revising the following
definition therein as follows:
6.406 Definitions. For purposes of sections 6.401 through 6.645, unless the context
requires otherwise words and phrases shall have the meaning ascribed to them. In
interpreting the meaning of words in a definition, other definitions of that word in this Code maybe
considered:
Stormwater sewer. A sewer or open channel which carries stormwater into
which wastewater is not intentionally admitted.
Section 3. Subsection ~1}~a}1 of Section 6.635 of the Eugene Code, 1971 is amended as
follows:
6.635 Erosion Prevention -Permits.
~1} Erosion Prevention Permit.
~a} Permit reauxred, Except as otherwise provided in subsection ~3}
below, no person shall commence any construction related activity without first
obtaining from the city one of the erosion prevention permits listed in subparagraph
fib} if the construction related activity:
1. Disturbs one or more acres of land at any one time by one or
more phases of development, and the disturbance is located on the same
parcel of land or on contiguous parcels of land under the same ownership; or
Section 4, Subsection ~3} of Section 6.640 of the Eugene Code 1971 is amended as follows:
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 as authorized by section 6.995 of this code.
Failure to comply with any stop work or compliance order issued by the city shall constitute a
separate violation. Each day a violation continues also shall constitute a separate violation.
Section 5. Section 7.010 of the Eugene Code, 1971 is amended by revising the definition
Ordinance - 2
for "Storm water or storm sewage" as follows:
7.01 o Definitions. For purposes of this chapter, the following words and phrases shah have
the meanings ascribed to them by this section:
Stormwater. Stormwater runoff, snow melt runoff, and surface runoff and
ra~nage.
Section 6. 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. These
administrative corrections may include changing references in Chapters 6 and 7 of the Eugene Code,
1971 from "storm water" to "stormwater."
Passed by the City Council this Approved by the Mayor this
Sty day of November,1999
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City Recorde~
Ordinance - 3
S~~ day of November,1999