HomeMy WebLinkAboutOrdinance No. 19393ORDINANCE N0. 19393
AN ORDINANCE CONCERNING ASSESSMENT, RIGHT OF WAY, FOLIAGE,
AND NUISANCE ABATEMENT PROVISIONS; AMENDING SECTIONS 4.990,
6.005, 6,010, 6.415, 6,050, 6.055, 6.010, 6.075, 6.080,
6.085, 6.090, 6.100, 6,105, 6,110, 6.330, 6.500, 6.515,
6.517, 6.519, 6.521, 6.523, 6.525, 7.010, 7.055, 7.085 ,
7.095, 1.100, 7.105, 7.125, 7,130, 7.135, 7,140, 7.145,
7.152, 7.153, 7.154, 7.155, 7,156, 7,157, 1,160, 1.165,
7.166, 7.170, 7.175, 7.185, 7.190, 7.195, 7.191, 7.200,
7.205, 7,210, 7,215, 7,220, 7.225, 7.230, 7.235, 7.240,
7,245, 7.250, 7,255, 7.260, 1.265, 7.279, 7.290, 7,295,
7.291, 7,300, 1.305, 7.340, 7.365, 1.310, 7.375, 7.385,
7.405, 7.410, 7,445, 7,450, 7.465, 7.415, 1.480, 7.500,
7.505, 7.520, 1,525, 7.530, 7.535, 7.540, 7,541, 1.550,
7.555, 7.560, 7.635, 1,650, 7,990, AND 8,579 OF THE
EUGENE CODE, 1971; ADDING SECTIONS 4.831, 4,832, 4.833,
6,001, 1.007, 7.148, 7.187, 1,299, 1.302, 7.301, 1.308,
AND 7.309 TD THAT CODE; REPEALING SECTIONS 6.020, 6.025,
6.030, 6.035, 6.040, 6.045, 6,060, 1.090, 7.151, 7.155,
1.180, 7,193, 7.310, 1,315, 7.320, 1.325, 1.330, 7.335,
7,440, 1.515, 1.630, 1.645, 1,655, 7,660, AND 1,665 OF
THAT CODE; DECLARING AN EMERGENCY; AND PROVIDING
EFFECTIVE DATES.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1, The fo11 owi ng sections are added to the Eugene Code, 1971,
to read and provide:
4.831 Public Ways - Definitions, Words and phrases used in sections
4. 3 an 4.833 sha have the meaning ascribed to them i n section
6.005 of this code.
4.832 Public Ways - Obstructing Vegetation Prohibited, No owner or per-
son ~n c arge o property sha11 a11ow vegetation on his or her
property or on the public way abutting his or her property to become a nui s-
auce as defined in section 6.010 of this code.
4, 833 Fo1 i age -Obstruct vision at Intersection . No owner or person i n
charge o property sha11 p1 ant, may nta~ n or allow vegetation which
i s higher than 18 inches above the crown of the adjacent roadway i n that por-
n on of the right-of-way between the property 1 i ne and the curb 1 i ne wi thi n
35 feet from the intersection of curb 1 i nes, i f extended, at any street, ave-
nue or highway i ntersecti an . This provision shal 1 a1 so apply wi thi n 15 feet
of the intersection of an alley with a street, avenue or highway right-of-
way. Where curbs do not exist, no such use of right-of-way sha11 be made
within 25 feet of the intersection of property 1 i nes i f extended at the
street, avenue, or highway intersection,
Ordinance - 1
1
r
Section 2. Section 4,990 of the Eugene Code, 1971, is amended by add-
ing a new subsection X12} thereto, to read and provide:
4,990 Penalties - Specific.
~ 12 } violation of sections 4,832 or 4, 833 i s punishable by fine
not exceeding $200,
Section 3. Sections 6,005, 6.010, 6.015, 6,050, 6.055, 6.070, 6,075,
6,080, 6,085, 6,090, 6,100, 6,105, 6,110, 6,330, 6.540, 6.515, 6,517, 6,519,
6,521, 6.523, and 6.525 of the Eugene Code, 1971 are amended; a new Section
6.007 is added thereto; and Sections 6,020, 6,025, 6,030, 6,035, 6.044,
6,045, and 6,060 are repealed therefrom, to read and provide:
6.005 Definitions, For purposes of sections 6.005 to 6, 527, the fol l ow~-
ing words and phrases mean:
Developed property. A tract of ]and occupied preponderantly
by a structure used or designed for use as a residence or a place
of economic enterprise, by landscaping, by other improvement
accessory to the structure, or by a combination of such land
development,
Enforcing officer. Any city employee authorized by the city
manager to en orce the nuisance abatement provisions of thi s
chapter.
Person in charge of property. An agent, occupant, lessee,
tenant, contract purchaser, or other person having possession or
control of property or the supervi si an of a construction project
on the property.
Person responsible. Any or al l of the following:
a The owner of the property on which the nuisance
exists or the owner of property which abuts a publ i c way
where a nuisance exists,
fib} The person in charge of the property or of property
which abuts a pubs i c way where a nuisance exists .
~c} The person who causes the nuisance to come into
or continue in existence,
Public way. Any street, road, alley, right-of-way, pedes-
trian or bicycle easement for public use,
f~ Rodent-proof. Any ,building, structure or part thereof i s
rodent-prao w en ~ t ~ s constructed of concrete, metal or some
equally impermeable material and i n a manner that excludes rats
and mice therefrom.
vegetation. Plant life, including but not limited to, trees,
shrubs, flowers, weeds and grass,
Ordinance - 2
6, DD7 Nuisances -~ Prahi bi ti on and Responsi bi 1 i ty to Abate .
o person response e s a cause ar permit a nuisance on
public or private property,
~~} The person responsible shall be liable far injury, damage or
1 oss to person or property caused by the negligent fai 1 ure to abate any nui s-
ance described in this code.
~ 3 } The city shat 1 not be 1 i abl a for injury, damage or 1 oss to any
person ar property caused i n whole or i n part by the fai 1 ure of the person
responsible to comply with subsection ~ 1 } of this section, or by the fai 1 ure
of the city as a person responsible to abate a nui sance.
~ 4 } Neither the duty of the person responsible to keep property
free of nuisances nor hislher failure to da so is dependent upon notice from
the city to abate the nui sance,
~5} The person responsible shall defend and hold harmless the
city from all claims for loss or damage arising from the fai 1 ure to compl y
with subsection ~ 1 } of this section.
G,41D Nuisances Affecting the Public. The following are nuisances which
may a abate as provided ~n this code:
~ a } Ani mat carcasses, etc, The deposi ti an of an ani mat
carcass or part t ereo , or any excrement or sewage, or industrial
waste, or any putrid, nauseous, decaying, deleterious, offensive,
or dangerous substance in a stream, well, spring, brook, ditch,
pond, river, or other inland waters within the city, or the
placing of such substances i n such position that high water or
natural seepage will carry the same into such waters.
fib} Attractive nuisances. No owner or person in charge
of property sha11 perrni t thereon:
1. Unguarded machinery, equipment, or other devices
which are attractive, dangerous, and accessible to children.
~. Lumber, logs, or pilings placed or stared in a
manner so as to be attractive, dangerous, and accessible to
children,
3. An open pit, quarry, cistern, or other excavation
without safeguards or barriers to prevent such places from
being used by children.
4. An open, vacant structure which is attractive, dan-
gerous and accessible to children or which is used for habi~-
tati on by trespassers,
This section shat 1 not apply to authorized construction
projects with reasonable safeguards to prevent injury or death to
playing children,
~c} Debris, An accumulation of decomposed animal or vege-~
table matter, garbage, rubbish, manure, offal, ashes, discarded
containers, waste, paper, debris, trash, May, grass, straw, weeds,
litter, rags, or other refuse matter or substance which by itself
or i n conjunction with other substances i s deleterious to publ i c
health or comfort, or i s unsi ghtly, or creates an offensive odor.
~d} Fences,
1. A fence, barrier, partition or abstructi an el ectri -
cally charged or connected with any electric source in such a
manner as to transmit an e1 ectri cal shock or charge to any
person, ani mat or thing which might come i n contact therewith.
Drdinance - 3
2, A barbed-wire fence al ong a si dewal k yr public way
except barbed-wire placed on top of fences to prevent access
to enclosed hazardous areas or facilities, or barbed-wire an
fences i n an AG Agricultural District,
~e~. Iceboxes and other containers. An abandoned, unattended
or discarde icebox, refrigerator or other container accessible
to chi 1 dren which has an airtight door, or 1 ock which may not be
ref eased for opening from the inside . This definition does not
include iceboxes, refrigerators, or other containers offered far
sale by commercial establishments provided that the same are kept
within enclosures from which chi 1 dren are excluded at all times
except business hours,
~ f ~ Odors. Premises which are i n such a state or condition
as to cause an offensive odor or which are in an unsanitary
condition
~ g~ Privies, etc. A pri vy, vault, cesspool , septic tank or
drain which ems is a not some and offensive sme11, or which i s
pre j udi ci a1 to public health.
~h} Stagnant water. An accumulation of stagnant or impure
water whi c a or s or might afford a breedi ng place for mosquitoes
or other insects.
~ i ~ Vegetation . Any vegetation on pubs i c or private property
that:
1. Is a hazard to pedestrian or vehicular use of a side-
walk or street by obstructing passage or vision. The hazards
i nc1 ude but are not 1 i mi ted to
~a~ Vegetation that encroaches upon or overhangs
a pedestrian way or adjacent parking strip lower than
nine feet or encroaches upon or overhangs a street lower
than 15 feet.
~ b~ Vegetation which obstructs motorist ar pedes-
trian view of traffic, traffic signs and signals, street
lights and name signs, or other safety fixtures or mark-
i ngs placed i n the public way.
2. Is a hazard to the public or to persons or property
on or near the property where the vegetation i s 1 orated.
3. Is obnoxious as defined in section 6,515~1~.
4. Is an obstruction of access to and use of any public
foci 1 i ti es placed within the public way.
5, I s an obstruction of drainage foci 1 i ti es i n the
public way, including but not 1 i mi ted to roadside ditches,
street curbs and gutters, catchbasins and culverts.
6, The roots of which have entered a sewer, lateral
sewer or house connection and are stopping, restricting or
retarding the f 1 ow of sewage therein .
~j} Vision obstructions, Any vegetation, structure, mounding
of earth or other phys~ cal obstruction:
1. Which encroaches upon the vision clearance area
defined in subsection 9.538~6~ of this code; ar
2, Which is higher than 18 inches above the crown of
the adjacent roadway i n that portion of the right of way be-~
tween the property 1 i ne and the curb 1 i ne within 35 feet
from the i ntersecti an of curb 1 i nes, i f extended, at any
street intersection or within 15 feet from the i ntersecti an
Ordinance - 4
of the curb line with an alley. ~f no curb exists, no such
use of the right of way shat ] be made within 25 feet of the
corner of the private property closest to the street i nter-
sec ti o n .
~ k ~ Sidewalk accumulations, An accumulation of leaves, snow,
ice, rubbish and other l ~ tter or any obstruction upon a si dewal k,
~l~ Unused driveways. Driveway approaches as defined in
section 7, 00 why ch are na 1 owger i n use.
gym} Others. Any other thing, substance, condition, or acti v-
i ty prohi b~ te~~y state law, common law, this Code, other ordi -
nances, or which is determined by the council to be injurious or
detrimental to the public health, safety, or welfare of the city.
6.015 Rodent Control -Conditions Attracting Rats Prohibited.
No owner or person ~ n charge of property shat ] allow condi -
ti ons to exist thereon or therein, which attract or are 1 i kel y to attract,
feed ar harbor rats or mice, The conditions prohibited by this section are
nuisances and subject to abatement as provided in this code,
~~} All portions of every building or other structure, other than
residences, in which handling, storing or keeping any substance on which rats
and mice can feed shat] be rodent-proof.
~3~ All food for chickens, Morses, mules, cows, goats, pigs or
other domestic animals shall be kept and stared either in a building, struc-
ture, part thereof, or cantai ner that i s rodent-proof,
~4~ All garbage or refuse consisting of waste material upon which
rats or mice may feed shall be placed i n covered rodent-proof containers of
a type prescribed by the city manager yr the manager's designee, unti 1
collected by garbage haulers,
~5~ All premises improved or unimproved, and all open lots,
streets, sidewalks, al 1 eys and other areas i n the city shall be kept clean
and free from all rubbish, as well as from loose material that might serve
as a harbor for rats and mice. All lumber, boxes, barrels, loose iron and
material that might harbor rats shall be placed upon supports in such manner
as to provide no refuge for rats and mice,
~ 6 ~ All improvements, repairs, construction and maintenance of a
building or structure, or any equipment or fixtures therein shall comply with
this section
~7~ The city manager or the manager's designee is hereby author-
ized and empowered to make inspection of the exterior, ~ uteri or and underneath
any building or structure or premises i n the city. I t shal 1 be unlawful for
an owner or person in charge of property to fail to permit such inspection
when requested to do so i n accordance with law,
6.050 Garbage and Debris -Disposition. An owner or person in charge of
property shal 1 dispose of perishable garbage before i t becomes
offensive promptly, but in any event at least bi-weekly; and not permit gar-
bage to accumulate on or about the premises, All garbage shall be disposed
of in a manner which does not create a nuisance and which is permitted by
this chapter, Garbage may be disposed of by hauling or causing i t to be
hauled tv a garbage dump designated by the city.
Ordinance w 5
6.055 Garbage Cans and Containers,
An owner or person ~n charge of property where garbage accumu-
lates shall keep or cause to be kept on the premises one or mare portable
containers of a standard type suitable for deposit of garbage and sha11
deposit or cause to be deposited i n the containers al 1 garbage that accumu-~
lates on the premises, Paper products and wooden wastes, however, may remain
outside the containers i f stored i n a neat and orderly manner,
~ 2 } Garbage containers shat 1 be sturdy, watertight, not easily
corrodible, rodent-and-insect-proof, and have handles at the sides and
ti ght1y fitting 1 i ds, When not being emptied or filled, the containers
sha11 be kept tightly closed. They shat 1 be conveniently accessible to
garbage haulers,
~ 3 } Garbage containers sha11 conform i n capacity and weight to
1 i mi tati ons prescribed by the state,
~4} A portable garbage compactor-container designed for being
1 oaded and un1 oaded wi th a front or rear-mount fork 1 i f t, un1 ess so cones
structed and wheeled that i t can be towed to a sol i d-waste disposal site for
emptying, may not, together with its contents, exceed 4040 pounds i n weight,
G,070 Sanitary Sewers and Sewage Disposal Regulations -Connections
eq u ~ re .
1 Except as provided in subsection G,010~3}, all structures
within the city i n which p1 umbi ng fixtures are installed or which discharge
domestic sewage, industrial waste or trade waste and are located within 160
feet of a publ i c sanitary sewer or of a publ i c right-of-way containing a
public sanitary sewer sha11 be connected to the public sanitary sewerage
system i n a manner prescribed by this code and shall discharge all sewage
into said system.
~ 2 } No private sewage disposal system sha11 be allowed wi thi n
the city unless the requirement i n subsecti an ~ 1 } above cannot be met and
approval and a permit is obtained from the Lane County Health Department,
~3} When a structure has been serviced by an approved private
sewage disposal system and a public sanitary sewer becomes available under
subsection 6,0701}, the property owner or person in charge of property sha11
be al 1 owed an 18 months grace period from the date notice i s given as provi d-
ed i n subsection 6, 470 ~4 } within which to connect the structure to the publ i c
sanitary sewer, The 18 month grace period terminates when work i s done on
the affected property that requi res a p1 umbi ng permit or when conditions
exist on the affected property which are described in subpart 6,O10~g} or
section 6.075,
~4} The notice required by subsection 6,0703} shall be in writ-
ing, shall be delivered to the property owner or person in charge of prop-
erty by personal service or by certified mail and sha11 be recorded i n the
Lane County Official Records. A copy of the notice sha11 a1 so be sent by
first c1 ass mai 1 to the occupant of the property i f other than those recei v-
i ng the required nvti ce, The notice shat 1 describe the premises required to
be connected to the public sanitary sewer, the date by which connection must
occur, the events which terminate the grace period, and the city office
where information and required permits may be obtained,
~5} No person sha11 sever a sewer connection or disconnect without
first obtaining permi ssi an from the responsi b1 e city official ,
~ d } The conditions prohibited by this section are nuisances and
subject to abatement as provided in this code,
Ordinance - 6
6.075 Sewer and Sewage Disposal Regulations -- F1 ow Prohibited.
No person s a a ow the contents, f~1th or poisonous sub-
stance from a si nk, sewer, cesspool , drain or private sewage disposal system
to flow out on a street, sidewalk, or under a si dewal k, or into an al 1 ey, or
on any lot or grounds adjoining his premises.
~2} Na person shall place a foreign matter which is harmful to
the sewerage facilities or has a tendency to clog the sewers into the sewers
of the city or permit such foreign matter i n the control of such person to
enter the city sewer system. Among other things, "live steam," acid wastes
which have a pH vat ue of less than 5, 5, or alkaline wastes which have a pH
vat ue of more than 9.5 shat l be deemed to constitute foreign matter. ~ See
also section 7.010,}
~3 } The conditions prohibited by this section are nuisances and
subject to abatement as provided in this code,
6,080 Abatement Procedures -Notice,
t e c~ ty manager or the manager's desi ghee i s satisfied
that a nui sance exists, ~ s} he shall cause a noti ce to be posted on the pre-
mises or at the site of the nui sance di recti ng a person responsible to abate
the nuisance.
~ 2 } At the time of posting, the enforcing officer shall cause a
copy of the notice to be personally served on any person responsible or to
be forwarded by registered or certified mail , postage prepaid, to any person
responsible at the person's last known address.
~3} The notice to abate shat 1 contain:
~a} A descri pti on of the real property, by street address
or otherwise, on which the nui sance exists.
~ b} A di recd on to abate the nui sance within IO days from
the date of the notice .
~c} A description of the nuisance.
~ d} A statement that unless the nui sance i s removed, the
city may abate the nui sance and the cost of abatement sha11 be
charged to the person responsi b1e and assessed against the
property.
~ e} A statement that fai 1 ure to abate a nui sance may resin t
in a court prosecution.
~ f } A statement that the person responsi b1e may appeal the
order to abate by giving notice to the enforcing officer within 10
days from the date of the notice,
~4} Upon completion of the posting and serving or mailing, the
enforcing officer shall execute and f i 1 e certificates stating the date and
place of the posting and serving or mailing respecti vet y,
~5} An error in the name or address of a person responsible sha11
not make the notice void and i n such case the notice shall be sufficient.
6.085 Abatement Procedures - By a Person Responsible.
1 W~ the n 10 days a ter the posts ng and serving or mai 1 i ng of the
of the notice required by section 6.080, a person responsible shall remove
the nuisance or show that no nuisance exists,
~2} A person responsible, protesting that no nuisance exists,
shall file with the enforcing offi cer a wri tten statement specifying the
basis for protesting.
Ordinance - 7
~ 3 } The statement shall be referred to the hearings official .
The appellant sha 11 be given at least five days' prior written nati ce of the
time set to cansi der the abatement. The hearings official shall take oral
or written testimony at the time and place specified i n the notice . The
hearings official shat 1 prepare written findings of fact and concl usi ans of
law when determining whether a nuisance exists. The hearing officia]'s
determination shall be final .
~4 } ~ f the hearings of f i ci a1 determines that a nui sauce exists, a
person responsible shat l , within 10 days after the hearings official ' s deter-
minate on, or wi the n a time set by the hearings official , abate the nuisance.
6.090 Abatement Procedures - By the City.
~ w~ the n the t~ me allowed, the nuisance has not been abated
by a person responsible, 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 con-
tractors acting under the direction of the offi cer shat 1 have the right at
reasonable times to enter i nta or upon property i n accordance with 1 aw to
investigate or cause the removal of a nui sauce.
~3} The finance affi cer shall keep an accurate record of the
expense incurred by the city i n physical 1 y abating the nuisance and shat 1
include therein a reasonable charge for administrative overhead.
6.100 Abatement Procedures -Assessment of Costs.
1 The finance officer, by registered or certified mai 1, postage
prepaid, sha11 forward to a person responsi b1 e a note ce stating
4 a } The total cost of abatement including the administrative
overhead.
~ b} That the cost as indicated will be assessed to and become
a 1 i en against the property unless paid within ten days from the
date of the notice.
~ c} That i f the person responsi b1 a objects to the cost of
the abatement as indicated, he may fi 1 e a wri tten notice of ob jec~-
ti on with the finance officer not more than 10 days from the date
of the notice .
~2 } The person responsi b1 e' s objection to the costs of abatement
shall be heard by a hearings official. The objector shall be given at least
five days' prior written notice of the time set to consider his or her ob jec-
tions. The hearings official shall take oral or written testimony at the
time and p1 ace specified i n the notice, The hearings off i ci a1 shal 1 deter~-
mi ne the abatement costs to be assessed and shall communicate the decision
i n writing to the objector which writing shall a1 so state that i f the costs
of abatement are not paid within ten days from the date of the decision, the
costs shall be entered i n the docket of city 1 i ens and upon such entry shat 1
consti tute a l i en 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 public way.
~ 3 } 1 f no objection i s filed or i f the costs of the abatement 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 sha11 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
Ordinance - 8
abated or upon the abutting property when the nuisance was removed or abated
from the adjoining public way,
(4} The lien shall be enforced in the same manner as liens for
street improvements and shal 1 bear interest at the rate prescribed ~ n section
2, 022 of this code, The interest shall commence from date of entry of the
lien in the lien docket. For qualifying property owners the payment of the
lien may be deferred, extended or modified as provided in sections 7.195 to
7.220 of this code ,
~5} An error in the name of a person responsible shall not void
the assessment nor wi]1 a failure to receive the notice of the proposed
assessment render the assessment void, but it shall remain a valid lien
against the property.
6,105 abatement Procedures -Separate from Penalty, The requirement to
a ate a nui sauce ~ s not a penal ty for v~ o ati ng this code but i s
an additional remedy. Abatement proceedings and prosecution of a nuisance
may occur simultaneously. The imposition of a penal ty does not ref i eve a
person responsi b1 e of the duty to abate the nui sance; however, abatement by
a person responsible of a nui sance within 10 days of the date of notice to
abate, or i f a wri tten protest has been fi led, then abatement within 10 days
of the hearings offi ci a1 ` s determination that a nui sance exists, may be can~-
si dered by the court i n sentencing vi 01 ators,
6.110 Abatement Procedures -Summary Abatement.
The proce ure prove a by sections 6.080 to 6.105 is not ex-
cl usi ve but i s i n 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 human life, health
or property. The cost of such abatement may be assessed as provided in sec-
tion 6,100.
~2} The abatement of a nuisance under this section and the assess-
i ng of the costs therefor are not a penal ty for violating this code but are
additional remedies,
6,330 Trees, Felling -Exceptions. The requirements and restrictions
o sects ons 6.3 5 to 6.310 of this code do not apply ta;
~ a } The action of any city officer ar employe or of any
public uti 1 i ty necessary to remove or alleviate an immediate
danger to 1 i fe ar property; to restore uti 1 i ty service; or to
reopen a publ i c thoroughfare to traffic;
~ b} An occupied parcel of private property consisting of
less than 20,000 square feet of area;
~c} Felling of trees that are nuisances under sectian 6.014
of this code;
~ d} Felling of trees i n vi a1 ati on of sectian 1.640 of thi s
code;
fie} Any fe]ling necessary to install or maintain improvements
such as streets and sewers within publicly owned and accepted
rights-of-way or uti 1 i ty easements,
~f} That portion of a PUD andlor PUD subdivision development
for which final approval has been obtained.
Ordinance - 9
6.504 Junk and Used Vehicle Accumulations.
Except i n an I-3 Heavy I ndustri a1 District no person sha11
store or permit to be stored used building supplies, scrap, junk, used furni-
ture, used plumbing supplies or fixtures, used electrica] supplies, fixtures
or appliances in any manner as to expose it to view from a street or side-
wa1 k adjoining the premises for a peri od of more than 34 days.
~2} No person sha11 store or permit to be stored for 48 hours a
used motor vehi c1 a or portion thereof wi thout a 1 i cense plate or with an
expired 1 i cense p1 ate on any private or public property unless the vehi c1 e
~ s p1 aced so as not to be exposed to v~ ew from a street yr s~ dewal k ad~o~ n~-
i ng the premises or unless i t i s stored on the premises of a busi Hess enter-
pri se dealing i n used vehi c1 es i awful l y conducted within the city,
~ 3 } In addition to bei ng a vi o1 ati an, the conditions prohibited
by this section are also nuisances and may be abated as provided in this
code ,
5.515 Obnoxious vegetati on -~ Definitions, Prohibitions, Abatement.
s use in sections 6.5 5 tv 6.527, t e term a noxious vege-
tation" includes;
~a} Weeds more than 10 inches high.
~ b} Except agri cut tura1 craps that are not a fi re hazard or
a vision obstruction as defined in section 5.010~j}, grass more
than 10 inches high.
~c} Poi son oak yr poi son ivy,
~ d} Blackberry vines yr vegetation that:
1. ~s a fire hazard because it is near other combus-
ti b1 es;
2, Extends into a pubiic way or a pathway frequented by
children;
3. Extends across a property line; or
4. I s used for habitation by trespassers.
fie} vegetation which is a vision obstruction as defined in
section 6.010~j},
~2} Except as section 6,517 provides to the contrary, between June
15 and September 30 of each year no owner or person in charge of undeveloped
property may al 1 ow obnoxious vegetation to be on the property or i n the
public way abutting the property. Obnoxious vegetation so 1 ocates i s a
pubiic nuisance.
~3} In accordance with sections 6.519 to 6.527:
~ a} The city may abate the nuisance and
~ b} The costs that the city incurs i n the abatement p1 us a
penalty may be charged against the owner or person in charge or
against the property itself.
6.517 Obnoxious vegetati on -Waiver, Where strict compliance with the
requ~ rements o sects on , 5 5 woul d be impracticable as they appl y
to a type of obnoxious vegetation, to the height of weeds ar grass, to height
of tree branches, or to a part of a parcel of property, the director of
public works may waive those requirements as they so apply,
5.519 Obnoxious vegetati on w Noti ce,
1 Between May 1 and June 15 of each year the finance officer
Ordinance - 10
shat l cause to be published three ti rnes i n a newspaper of general circulation
i n the ci ty a copy of section 6, 515, as notice to al ] persons responsi b1 a for
property of their duty to keep their undeveloped property free of obnaxi ous
vegetation. The notice shall state that the city i s wi 1 l i ng to abate such a
nui sance on any particular parcel of undeveloped property at the request of
the owner or person in charge of the property, for a fee sufficient to cover
the city's costs of such abatement. The notice shall a1 so state that, even
i n the absence of such requests, the city intends to abate all such nuisances
ten or more days after the final publication of the notice, and to charge the
cost of dog ng so on any party cular parcel of property pl us a penal ty to the
person responsible or the property itself,
~2} In addition to the published notice, the finance officer shall
send by first class mail postage prepai d, a copy of the published notice to
any person responsible far undeveloped property as shown on the Lane County
tax rvl l s ar upon records of the city. The failure to receive the mailed
notice shall nat relieve any person responsible from the obligation to abate
obnoxious vegetation or to pay the cast of abatement performed by the city,
6, 521 Obnoxious vegetation -~ Private Abatement.
~t in lO ays a ter the t Ord pub ication of the notice for
which section 6.519 provides, or as soon thereafter as a nuisance as defined
i n section 5.515 occurs, the person responsible for the property where such
a nuisance occurs shall abate the nuisance, except as subsection ~2} of this
section provides to the contrary,
~2} The person responsible for property who is apprehensive that
vegetation on the property i s likely to be allegedly i n violation of section
6,515, or who denies that a nuisance as defined in that section exists on
the property, may f i 7 e with the finance of f i cer a wri tten protest denying
that such a nui sance exists an the property, The city manager or his desi g-
rate shat I then determine whether the nui sance does so exist, That deter-
mi nati on shall be final , I f i t i s affirmative, the person responsible shat l
cause the nui sance to be abated within ten days after the determi nati vn ,
6.523 Obnoxious vegetation -Abatement by City; Penalty,
1 ~ f, w~ the n the ten days al 1 owed by sects an 6, 521 far abating
a nui sance as defined i n section 6.515, the nui sance has not been pri vatel y
abated, the city manager or his designate shall cause i t to be abated,
~ 2 } The person authorized to cause, or retained to do, the abat-
~ng may enter upon the property at reasonable times for purposes of investi-
gating and abating the nuisance,
~3 } The finance officer shat 1 keep an accurate record of the
expense incurred by the city in abating the obnoxious vegetation and shall
include therein a reasonable charge for administrative overhead.
~4 } Whenever the city abates obnoxious vegetation, i n addition to
any penalty judicially imposed and to the costs specified i n subsection
6,5233}, there is hereby imposed on each parcel in separate ownership or
contiguous parcels i n single ownershi p, a penal ty of $54 or ten percent ~ lO~}
of the abatement costs, whichever i s greater, The finance officer shat l add
the penalty to the amount to be collected as provided i n section 6.525 , The
finance officer shall waive the penalty i f the abatement costs are paid wi th-
i n the time specified i n subsecti an 6.525 ~2 } ,
Ordinance - 11
6.525 Obnoxious vegetation - Callectian of Costs,
e ~nance o ~cer, by registered or certified mail, postage
prepaid, shall forward to the person responsi bl e a noti ce stating
~ a} The total cost of abatement including administrative
overhead and penalty.
fib} That the cost will be assessed and become a lien against
the property unless paid within ten days from the date of notice.
~ c} That i f the cast is paid within the ten days the admi n-
istrati ve penalty will be waived.
~ d} That i f the person responsible objects to the cost of
abatement as indicated, he may fi l e a wri tten objection with the
fi Hance officer not mare than ten days from the date of the notice
and that the written ob jecti an must state the facts and reasons
for the objection to the cost of abatement,
~ 2 } The person responsi bl e' s written ob jecti an to the cost of
abatement shall be reviewed by the city manager or the manager's designee,
who sha] 1 determine the proper amaunt of the bill and give written notice to
the person responsible of the amount so determined, That determination shat 1
be final
~3} Within ten days after receiving the bill, if no objection is
filed, or within ten days after the determination following an objection,
the person responsible shall pay the bill , If the costs of abatement are
not paid within the ten days, the finance officer shall thereupon enter the
costs of abatement plus the penalty ~ n the docket of city ]lens. Upon such
entry the amaunt shall consti tute a l i en upon the property from which the
obnoxious vegetation was removed or upon the abutting property when the
obnoxious vegetation was removed from the adjoining public way.
~4} The lien shall be enforced in the same manner as liens for
street improvements and shall bear interest at the rate prescribed i n secti an
2.022 of this code. The interest shall commence from date of the entry of
the lien i n the lien docket, For qualifying property owners the payment of
the lien may be deferred, extended or modified as provided in sections 7.195
to 7.220 of this code.
~5} An error in the name of a person responsible shall not void
the assessment and lien nor wi l l a fai l ure to receive the notices prescribed
i n sections 6, 519 and 6.525 render the assessment void, but i t shall remai n
a valid lien against the property.
Section 4. Sections 7.010, 7,055, 7.085, 7,495, 1.100, 7.105, 7.125,
7.130, 7,135, 7,140, 7,x45, 7,152, 7,153, 1,154, 7.155, 7,156, 7,157, 7.160,
7,165, 7.166, 7.170, 7,175, 7.185, 7.190, 7.195, 7.197, 7.200, 7,205, 7.210,
7,215, 7.220, 7.225, 7.230, 7.235, 7.244, 7,245, 7.250, 7.255, 7.260, 7.265,
7,279, 7,290, 7.295, 7.297, 7.300, 7,305, 7,340, 7,365, 7.370, 7.375, 7,385,
7.405, 7,410, 7.445, 7.450, 7,465, 7.475, 7,480, 1,500, 1.505, 7.520, 7.525
7.530, 7,535, 7.544, 7.541, 7.550, 7.555, 7,560, 7.635, 7,650, 7,990 and
8.579 of the Eugene Code, 1971, are amended, Sections 7.OD7, 7,148, 7 .187,
Ordinance - 12
7,299, 7,302, 7.347, 7,308, and 1,309 are added to that Code; and Sections
7.090, 7.151, 7,155, 7.150, 7,193, 7,310, 7,315, 7,320, 7.325, 7,330, 7.335,
7.440, 7.515, 7.630, 7.645, 7.655, 7.660, and 7.665 are repealed therefrom,
to read and provide;
7.007 Rules and Regulations, The city engineer may adapt such rules and
regu a pans as are necessary for himlher to perform the duties
required by this chapter and to protect the public health, safety and wel-
fare.
7.010 Defi ni ti ans, For purposes of this chapter, the fallowing words
an p rases shat l have the meanings ascribed to them by this sec-
tion:
Bancroft Bonding Act. ORS 223.205 and 223.210 to 223.295 or
any succee Ong statutory provisions or amendments thereto,
B, 0. D. ~ Bi ochemi cal oxygen demand ~ . Quantity of oxygen
utilized i n the b~ ochem~ cal ox~ date an of organic matter under
standard laboratory procedure in five days at 20 degrees Centri-
grade expressed in parts per million weight.
Building drain . That part of the 1 owest horizontal piping
of a dray Wage system which receives the discharge from soi 1 waste,
and other drainage pipes inside the wal 1 s of the bui 1 di ng and con
veys i t to the building sewer, beginning five feet outside the
interface of the building wall ,
Bui 1 di ng sewer, The extension from the building drain to the
public sewer or other places of disposal
Combined sewer. A sewer receiving both surface run-off and
sewage.
Department. The public works department or such other depart-
ment o t e c~ ty designated by the city manager,
Domestic sewage, Sanitary sewage derived principally from
dwel 1 i ngs, busy Hess bui 1 di ngs and institutions.
Duplex. A building designed and used exclusively for occu-
pancy by two families living independently of each other.
Dwelling unit. As defined in section 9.015 of this code.
Franchisee. Any person using the public way under authority
of a special ordinance granting that person the privilege of using
the public way for a fee and upon conditions.
Garbage, Solid wastes from the preparation, cooki nq and
dispens}ng of food, and from the handling, storage and sale of
produce.
Industrial waste or trade waste. Liquid wastes from i ndus-
trial processes Inc u Ong suspen a solids.
Local improvement. Improvements listed in ORS 223.387 which
are in the pub ~c way.
Multiple dwelling. A bui l di ng designed for or occupied by
three or more fame 1 ~ es living independently of each other,
Natural outlet. An outlet i nto a watercourse, pond, ditch,
lake or other body of surface or ground water,
Ordinance - 13
Owner. The fee owner of land including the contract purchaser
of suc~and,
pH. The logarithm of the reciprocal of the weight of hydro-
gen ions i n grams per 1 i ter of solution .
Properly shredded garbage. Waste from the preparation, cook-
ing, and dispensing of foods that have been shredded to such degree
that all parti c] es wi 11 be carried freely under the f1 aw conditions
norrnall y prevai 1 i ng i n public sewers, with no particle any greater
than one-half inch in any dimension,
Public sewer, A sewer i n which a] l owners of abutting prop-
erties ave equa rights and is controlled by public authority.
Public way. Any street, road, alley, right-of-way, pedes-
tri an or bicycle easement, or uti 1 i ty easement far public use
which i s controlled by the city.
Sanitary sewer. A sewer which carries sewage, into which
storm, surface and ground waters are not intentional ] y admitted.
Sewage. A combi nati an of the water-carried wastes from resi ~-
dences business bui 1 di ngs, institutions and industrial establish-~
ments together with ground, surface and storm waters as may be
present.
Sewer, A pipe or a conduit far carrying sewage.
Sewerage system. The equipment, pipe line system and faci 1 i -
ties as are needed for and are pertinent to the disposal of sewage
and water, and sewage treatment plant or separate pipe lines for
storm, surface and subsurface water.
Sewer service. Includes, but is not limited to, construction,
reconstruction, extension, operation, management and debt retire-
men t of a sewerage system
Sewer user. A faci 1 i ty which discharges directly or i ndi r-
ectly tv the city sanitary sewerage system, ar has a sanitary sewer
oval 1 abl a as provided i n section 6.070 of this code.
Sidewalk. The improved part of a street right-of-way between
the curb ~ nes or the lateral 1 i nes of a roadway and the adjacent
property 1 i nes that i s intended for pedestrian use.
Single dwelling unit. A faci 1 i ty designed for permanent or
semi-permanent occupancy by a.single family and provided with mini-
mum kitchen, sleeping and sanitary facilities,
Storm sewer and storm drain. A sewer which carries storm and
+w.r.r.unmirirrrrr.i i r it rrrr.i-.~rrrrr_ounnnurrr-rwrwii
surface waters and drainage but excludes sewage and polluted
industrial wastes.
Storm water or storm sewage. Excess water from rainfall or
~..w.rri-wm~rrrr.rr_in rwrr_ni.i.rirrr.rr_mnnrou~.~~r.r.
continuously fol 1 owl ng therefrom.
Surface water. Water other than storm water flowing on or
aver t e sur ace ground,
Suspended sot i ds, Solids that either f1 oat an the surface
or are suspended in water sewage or ether liquids and which are
removable by laboratory filtering.
Transient rooms, motels, hote]s, and student quarters, A
building or portion t ereo conta~n~ng four or more sleeping rooms
customarily occupied as a more or ] ess temporary sleeping place
for persons for which compensation i s paid.
Water course. A channel in which a flow of water occurs
either continuously yr intermittently.
Ordinance - ~4
7.055 Annexed Property Served by Existing Sewers -Equivalent Assessment.
e owners o a rea property yang wit ~n 160 eet o the
city sanitary sewer system, which real property i s annexed to the city and
which can be served by an already installed city sewer line, shall pay to the
finance officer an equivalent assessment and any other fees required by the
city before connecting to the sanitary sewer. The equivalent assessment
shat l be determined by the city engineer based on the greater of the cost of
constructing the sanitary sewer to which connection i s proposed or the cost
at the time of connection of 1 oca 1 improvement assessments for si mi 1 ar sani w
tary sewers. As used in this subsection "cost" includes the expenses iden-
ti f i ed i n section 7.174.
~~ } The city may accept and incorporate al 1 or part of the sani -
tary sewer faci 1 i ti es of a speci al service district as a part of the city' s
sanitary sewer system. After such acceptance, the city may establish spe-
cial assessment and connection fees in the manner provided by law.
43} ~n lieu of paying the equivalent assessment at the time of
connection, the owner of the real property to be connected to the sanitary
sewer may execute and deliver to the finance officer an agreement to pay the
equivalent assessment i n installments. The finance officer may accept the
owner's agreement to pay only i f i t i s consistent with the 1 i mi is established
under subsection 7.1602} and ~3}. Equivalent assessments paid as provided
in this subsection are hereby declared a lien against the real property and
sha11 be docketed i n the 1 i en docket of the city and may be foreclosed i n
the same manner as other assessment liens.
~4} The fee or assessment required by this section sha]1 be in
addition to all other fees and assessments required under this code.
7.085 Standard Specifications.
. 1 The city eng~ Weer shall prepare standard specifications for
construction, reconstruction or repair of local improvements to be con-
structed i n the city to be kept on file i n his office.
~2} All local improvements shall be constructed according to
standard specifications of the city.
~3} All engineering and inspections on local improvements to be
accepted by the city for maintenance shall be done by the city unless other-
wi se specified by this code.
7.495 Closing Street During Construction.
1 W enever new construction wark or repair work is under way
upon a street ar part of a street, the contractor or person directly in
charge of the construction or repair wark, with the consent of the desi g-~
Hated city official , may close the street or part of a street to publ i c
traffic whenever the street, by reason of the construction work or repair
work, is made dangerous for public traffic. He may also close the street
or part of a street to public traffic, whenever such closing is necessary to
properly carry on the work of constructi an or repair, and the street or part
of a street shat 1 remain closed during the period of work.
~ 2 } Whenever a street or a part of a street i s closed, the con-
tractor or person directly i n charge of the work shat 1 construct and mai ntai n
at either end of the construction work and other places as the city may
direct, proper and suitable barriers and No Parking signs and legend approved
by the traffic engineering division of the city, 24 hours in advance of the
Ordinance - 15
proposed closure notifying the public of the construction work, and that the
street or part of a street i s closed to public traffic and c1 osed to parking .
In the event a motor vehi c1 a shat 1 be found standing or parked within the
street or part of a street 24 hours after the posting of the barriers and
signs, i n vi a1 ati on and contrary to the provisions of this section, the motor
vehicle shall be given a citation and may be impounded in accordance with
section 5.695 .
~3~ ~~hen a street is closed, no person shall remove, break down,
ride or drive over any barrier erected as provided in this code or travel
over the street wi th a vehi c1 e, ani mat or an foot on a part of the street
where work is being performed.
~4~ Whenever a stree t or streets are to be closed for the purposes
of moving bui 1 di ngs or other associated type moves, the contractor, or per-
son directly i n charge of the moving operation shat 1 post "No Parking" signs
and legend approved by the department 24 hours in advance of the proposed
c1 osure, notifying the public of the moving operation and that the street
or streets are closed to public traffic and public parking. When the si gn--
ing is completed the department shall inspect the street or streets to be
closed and determine if the proper signs have been posted in compliance here-
wi th. In the event that a motor vehi c1 a shall be found standing or parked
within the street or streets 24 hours after the posting of the signs, i n
violation and contrary to the provisions of this section, the motor vehi c1 e
shall be given a citation and may be impounded in accordance with section
5.695.
7.100 Manual on Traffic Control Devices, Signing, etc, for Construction
an a~ntenance on Streets and Highways. The document entitled
"Manual on Tra f~c Control Devices, S~gn~ng, etc, for Construction and Main-
tenance on Streets and Highways", April, 1981 Edition, prepared and approved
by the department, copies of which are on file in the department, is hereby
adopted i n its entirety and by this reference thereto made a part of thi s
code, as though fully set out herein.
7.105 Compliance with Manual Required. No person performing work on any
pu ~ c way s a v~ a ate any o the requi rernents of section 7.100.
7.125 Local Improvements ~- Deadlines.
1 Peti t~ ons for local improvements shat 1 be filed on or before
January fifteenth of the year for which the improvement is requested to be
constructed.
~ 2 ~ Prior to petitioning fora 1 oval improvement, the area shall
be annexed to the city and also shall have filed for preliminary p1 at
approval with the planning commission . A peti ti on shal 1 not be considered
for current year construction unless the area has filed a final plat
approval on or before January fifteenth of the year i n which the construction
~ s to be accompl ~ shed .
7.130 Construction of Local Improvements -Engineering and Ins ecti on
Fees.
~ The city engineer shal 1 charge a fee set by caunci 1 resolution
Ordinance ~ 16
to cover the costs, including overhead, for engineering, inspection and re-
view services performed by the city on all public improvements not done by
the city.
~2 ~ The fees authorized by this section shall be collected monthl y
from the peti ti aner. Upon fai 1 ure of the peti ti aner to pay the fees wi thi n
20 days of bi 1 l i ng, the city engineer, without further notice, may issue a
stop work order on the local improvement which order may remain in force
until the fees are paid.
7.135 Construction of Local improvements -Private Financing. The cast
0 oca improvements ~ Hance w~ t pry vate caps to and the fees
charged under section 7.130 are not eligible for financing under the Ban-
croft Bonding Act.
7.140 Construction of Local ~m rovements -Preparation of Plans by Peti-
t~oner s Engineer. A pet~t~oner may, at petitioner s expense,
employ a licensed engineer to prepare the plans for a local improvement.
The on gi na1 plan based on drafting standards set by the city engineer shat 1
be del ~ vexed to the c~ ty eng~ Weer for review and approval before construc-
ts on may begin. No prints or transparencies shat 1 be accepted and the plans
submitted shall be retained by the city. The cost of local improvements
constructed under this section are not eligible far financing under the Ban-
croft Bonding Act.
7.145 Construction of Local improvements -Bond. Except for si dewal k
projects requ~ re un er sects ons 7.152 to 7.155 and for work auth-
ori zed under sects ans 7.290 to 7.345, before commencing construction of any
local improvement a person shall file with the city engineer a good and suf-
ficient bond in an amount equal to the estimated cost of the improvement,
guaranteeing to the city that the improvement shat 1 i n all ways comply with
the plans and specifications approved by the city engineer and that the
improvement wi 11 be installed using first-class material and i n a fi rst-
class, workmanlike manner under the direction of the city engineer, and that
the improvement will be free from defects or need of repair for a period of
one year from the completion of the improvement and that guarantees payment
of any fees charged under section 7.13.
7.148 Culverts -Repair, Reconstruction, Removal.
1 The owner of property abutting or adjoining a public way in
whi ch a cul vent i s 1 ocated which the city has not accepted for maintenance
shat l maintain the culvert i n safe condition and good repair.
~ 2 ~ I f i n the judgment of the city engi Weer a cut vert not accepted
for maintenance by the city is causing an accumulation of storm water which
is imminently dangerous to human life or property, ~s}he may proceed without
notice to the owner of abutting property to summarily remove the culvert and
assess the cost of the removal to the person responsible as provided in sec-
ts on 6.114 of this code .
Ordinance - 17
7,152 Sidewalks and Cut verts -Repair and Reconstruction -Notice, I f
t e c~ ty eng~ Weer eterm~ Wes that a s~ dewa k or culvert abutting
property i s to be repaired or reconstructed, a noti ce shal 1 be sent to the
owner of the property by first-class mai 1 at the owner's address as known to
the city engineer, or i f not so known, as indicated on current records of
the county assessor. The notice shal 1 state the repair or reconstruction
required, the time 1 i mi t as specified i n section 7.154 for complying with
the requirement, and state that the cost shat 1 be borne i n accordance with
section 7.153 or 7.154.
7.153 Sidewalks and Culverts -Repair and Reconstruction -Privilege of
Property Owner, The owner upon securing a permit in accordance
with sections 7, 29Q through 7, 308 may cause the repair or reconstruction to
be effected at the owner's own cost subject to the requirements of the city
engineer,
7,154 Sidewalks and Culverts -Repair and Reconstruction -Charges. If
e owner oes not a tarn t e permit required by sections 7,29Q to
7.348 within 20 days after the date of the notice or does not do the neces-
sary repair or reconstruction as authari zed by section 7.153 within 20 days
after receiving the permit, the city engineer may cause the repair or recon-
structi on to be performed either with city forces or by private contract,
If the work i s performed by city forces, the owner sha11 be charged at a
rate as established by the city manager which sha11 cover the costs of the
work, including supervision, inspection, bi 11 i ng, overhead, and whatever
additional costs any extraordinary aspect of the work entai 1 s, ~ f the work
is performed under private contract, the owner sha11 be charged the amount
actually paid to the contractor, plus a charge for supervision, inspection,
bi 11 i ng, interest on warrants and overhead, as established by the city
manager. The finance officer may collect the cost of the work from the
owner, or proceed, in accordance with section 7,175 to 7,195 to cause the
cost of the repair or reconstruction to be assessed against the property,
and made subject to lien and foreclosure,
7,155 Sidewalks -Construction; ~ ni ti ate on and Nati ce,
1 Except w en specific reference ~s made thereto, the proce-
dures i n sections 7,155 to 1,157 are i n addition to and separate from the
procedures in sections 7,16Q to 7,175,
42 ~ Upon motion of the counci 1 ar upon a determi nati on by the
city engineer that the public health, safety and welfare require the con-
structi on of sidewalks i n a parti cul ar 1 ocati on, or that 50 percent or more
of the front footage of the properties abutting one side of a street ~ n a
city b1 ock have instal 1 ed sidewalks, the city engineer may cause ten days
prior written notice to be mai led to the owners of affected property con-
tai ni ng the information required i n subsection 7,155 ~3 ~ ,
~ 3 ~ The notice required by this section shall
~ a ~ ~ denti fy i f the council yr city engi Weer determined the
need for the proposed sidewalk;
~ b~ Describe the 1 ocati on of the sidewalk and the property
to be assessed far the instal 1 ati on of the sidewalk i f the owner
fails to construct the sidewaik as ordered;
Ordinance - 1S
~ c~ Specify that all sidewalk construction shall meet city
plans and specifications;
~ d ~ Specify the time and place where the counci 1 ar its
designee shat 1 take oral or written testimony regarding the pro-
posed sidewalk construction;
~ e} State that after the testimony i s received the counci 1
shall determine if the proposed sidewalk shall be constructed,
shall be modified and constructed, or shall be postponed;
~ f 3 Advise the owners of affected property that i f a si de-
wal k i s ordered to be constructed, the property owner wi 11 have
20 days in which to obtain a permit under sections 7.290 to 7.308
and i f the sidewalk i s not constructed within 20 days from the
issuance of the permit, the city will cause the work to be done
and the cost of the work including but not 1 i mi ted to the cast of
construction, inspection, supervision, interest on warrants, col -
1 ecti on and overhead wi 11 be assessed against the property creat-
ing alien which may be foreclosed,
7,156 Sidewalks -Construction ~- Hearing and Order.
e counci or ~ is es~ gnee s a take oral or written testi ~-
mony at the time and place specified in the notice sent under section 7.155.
If the testimony i s taken by the counci 1 ` s designee, the designee may re-
quest additional information from the city engineer before making the
designee's recommendation to the council , The counci 1 by resolution may
order, modify and order, or postpone construction of the proposed sidewalk.
~2~ If the council has ordered construction of the sidewalk the
owner of the affected property shall have 20 days from the date of written
notice of the counci 1' s order to obtain the permit required by sections
1.290 to 7, 308 and 20 days from the issuance of the permit to construct the
sidewalk as ordered, The notice shall advise the owner of the affected
property of the provisions of section 7,157.
7,157 New Sidewalk Construction -Enforcement and Lien, If the si dewal k
~s not constructe wit ~n t e time set ~n subsection ?.156~2~, the
city engi Weer shall proceed to construct the sidewalk with city forces or by
contract. The cost of constructing the sidewalk plus al 1 inspection,
supervision, collection and overhead casts shal 1 be assessed against the
affected property and collected as provided in sections 7.185 to 7.190,
7,195 and 7.225.
7.160 Local Improver~ents -Initiation,
1 As used i n the s sects on petitioner" means an owner and i f
the owner is a partnership or corporation it includes any person, partnership
or corporation with .20°6 or more ownership interest i n the petitioning part-
nersh~p or corporation,
~2 ~ The counci 1 may from time to time establ i sh a pot i cy regard-
ing acceptance of petitions to construct local improvements to serve prop-
erty, In establishing the pot i cy, i t shall consider:
~ a ~ The city's acknowledged 1 and use designation for the
area to be served and the impact of the development of the area
on the goals of the community;
Ordinance - 19
~ b} The credit rating of the city and its abi 1 i ty to retire
existing Bancroft band obl i gati ans using payments from the owners
of previously assessed property;
4 c} The 1 eve1 of petitioner's investment i n 1 ocal i mprove-
ments being constructed to serve the area;
~ d} The availability of private capital or other means to
finance 1oca1 improvements to undeveloped property;
~ e } The payment history of petitioners on other 1 ocal i mprove-
ment assessments;
~f} Any other factors the council deems significant,
~3 } Except as directed to the contrary by counci 1 poi i cy adapted
pursuant to subsection 7.160 ~~ } , under this section the city engineer shat 1
not approve a peti ti on for construction of 1 ocal improvements to serve resi -
dentially zoned undeveloped property until the petitioner:
~ a} ~ s current on all obligations imposed by this chapter on
the petitioner and on real property i n which the petitioner hal ds
1 egal ti t1 a or an equitable interest; and
~ b} Provides the city engineer with reasonable assurance
that upon completion of the plans and specifications fvr the peti -
ti oned i mpravements, petitioner shat 1 deposit with the city finance
officer sufficient funds to keep the estimated assessments against
petitioner's real property equal to or less than the real prop-
erty's assessed value as determined by the Lane County Assessor.
~4} A person desiring to construct or to have a local improvement
constructed shal 1 first fi 1 e a peti ti an with the city engineer an farms pro-
vi ded by the city engineer, A peti ti on fora 1 ocal improvement to be con-
structed by the petitioner at the petitioner's expense may be approved by
the city engineer upon petitioner's compliance with the appl i cab] a provisions
of this chapter, The city engineer sha11 present to the counci ] petitions
for local improvements to be financed in any part by assessments against spe~
dally benefitted property. Such petitions may be presented singly or in a
project group at the time requested by the petitioner, by the council or by
the city engineer, whichever first occurs,
~ 5 } The council , upon its own motion may initiate consideration
of a proposed local improvement. Local improvement projects are also initi-
ated for consideration under this section when the project i s included i n
the council approved capita] improvement plan,
~6} The city engineer, except when proceeding under subsection
7,160 ~ 7 }, fo11 owl ng i n7 ti ati on of cansi derati on shat 1 furnish the counci 1 a
report containing the following information and whatever additional informa-
tion the council requires:
~ a} A map shvwi ng the general nature, 1 ocati on, and extent
of the proposed local improvement and the contemplated district
within which 1 and would be assessed for the cost of the proposed
improvement,
~ b} A l i st of all parcels of land i n the district and of
their owners.
~d} An estimate of the total cost of the proposed improve-
ment wi th a breakdown showing the estimated amount and its percent-
age of the total estimate to be borne by any petitioner prior to
assessment, by local improvement assessments against specially
benefitted property, by the city and by any others.
t7} After considering a report furnished under subsection 7,1606},
the counci 1 may:
Ordinance - 20
~a} Order the ]ocal improvement to be made and direct the
city engineer to prepare plans and specifications for the i mprove-
r~ent and to call far bids on the construction contract;
fib} Modify the improvement, order it to be made as modified,
and direct the city engineer to prepare plans and specifications
for the modified improvement and to cal 1 for bids on the construc-
tion contract;
~c} Require additional information about the improvement; or
~ d} Decide not to make the improvement.
A directive that such plans and specifications be prepared shall be by reso-
l uti on stating the general nature of the improvement and the contemplated
boundaries of the district i n which property i s to be assessed to finance
the improvement.
~ 8 } Upon finding that the peti ti over ~ s } own property that waui d
bear more than half the estimated assessments for a petitioned local improve-
ment, or that after polling property owners, the owners of property that
would bear more than half the estimated assessments for an improvement are
not opposed to the proposed improvement, or that sanitary sewer improvements
are necessary for the public health and safety or for the economical and
orderly development of public improvements, the city engineer shall initiate
a proposed focal improvement by:
~a} Preparing plans and specifications for the improvement
as if the council had directed their preparation;
~ b} Calling for bids on the improvement under section 7.165,
and
~c} Presenting to the council the estimates and recommenda-
tion required by subsections 7.1606} and 7.1661}.
7.165 Local Improvements -Public Notice and Call for Bids.
I n a newspaper o genera c~ rcui ate on t n the c~ ty the city
engineer shall give public notice of the proposed local improvement at least
ten days before the public hearing on the award of the contract for construe-~
tion of the improvement. The notice shall state:
~a} The estimated total cost of the proposed improvement and
haw the cost shall be borne.
~ b} When and where a publ i c hearing on award of the contract
will be held .
~c} The adoption date and number of the resolution directing
preparation of plans and specifications for the improvement, or
the date and description of the city engineer's finding required
by subsection 7.164E}.
~ d} The date by which the improvement i s to be completed.
fie} who may remonstrate against the improvement.
~f} How such a remonstrance may be made.
~2 } By first-class mail the city engineer may also notify owners
of ,property i n the contemplated improvement district of the pubs i c hearing
pry or to award of the contract. The note ce shal 1 ~ ncl ude the ~ nformat~ on
contained i n the newspaper notice required by this section and shall identify
for each owner the property to be assessed for the proposed local improve-
men t.
Ordinance - 21
7.166 Local Improvements -Hearing an Improvement,
1 Before award of a local improvement construction contract,
the counci 1 or its designee shall hot d a publ i c hearing on the improvement,
At the hearing the city engineer shall pravi de:
~ a} An estimate of the unit cost to be assessed to prvperti es
i n the improvement district.
fib} An estimate of the city costs that the improvement would
entail,
~ c} A recommendation on whether the improvement should be
made,
When the hearing is conducted by the council's designee, the designee shall
prepare a written summary of the hearing and submit it to the council,
~~} When the hearing required by subsection 7,1661} is conducted
by the council's designee, if the owners of property that would bear more
than hat f the amount estimated to be assessed to finance the improvement or
repair of a street or alley remonstrate, the council's designee shall Con-
ti nue the hearing to a counci 1 meeting and direct the city engineer to send
by f7 rst-class mai 1 a noti ce to the owners of the affected property stating
the date, time and place of the counci 1 meeting when the proposed improve-~
rent and the remonstrance wi 11 be considered,
~3} After considering evidence and argument presented at the hear-
ing, the council may;
~ a} Subject to city charter 1 i mi tati ons, approve the 1 ocal
improvement with or without minor modifications and order i t to be
made,
~ b } Delay the approval not more than 15 days,
~c} Substantially modify the improvement and call for new
bids thereon,
~d} Abandon the improvement.
~4} If the council orders a local improvement to be made and does
not cancurrentl y 1 evy the assessments therefor, notice of the prospective
assessments to finance the improvement shall be given to each ti t1 a company
known to the finance officer to be conducting business i n the city, Each
company that receives the notice shall record the prospective assessment in
al 1 title searches for property i n the assessment district contemplated for
the improvement.
7.170 Local Improvements -Assessments -Computation. For a local im-
provement or ere y t e counci the tots estimated cost or the
total cost of the improvement shall be computed by the city engineer and
shal 1 i nc1 ude but not be 1 i mi ted to the costs of constructing the improve-
ment, engineering, interest on warrants, advertising, and providing notice
of assessments and overhead. The city engineer shall apportion the tots]
estimated cost or the total cost of the improvement i n accordance with sec-
tion 7,115,
7.175 Local Improvements -Apportionment of Assessments,
W atever s are o t e tota est~ mate or actual project costs
of the local improvement i s to be borne by the city shat 1 be deducted from
the total project costs before they are apportioned and assessed under thi s
section. The city shall pay the casts of the fal 1 owi ng, provided funds are
avai 1 abl a and the project has appropriate priority
Ordinance - 22
~a} Extra capacity constructed in the improvement to serve
areas beyond the improvement district;
~ b} Paving and sidewalks within the intersection of publ i c
ways which costs may also be paid by assessing the abutting pubs i c
way •
~c} Storm sewers constructed as part of a street improvement
project within existing developed areas;
~ d} Other costs attributable to special conditions or to
policies adopted prior to the counci 1 awarding the contract far the
improvement.
~2} The assessments for individua] parcels of real property shall
be calculated and assessed as follows against the property specially bene-
fitted by the local improvement:
~a} Special costs or features of the improvement that benefit
a particuia r parcel in a manner peculiar to the parcel shall,
together with a sha re of the overhead for the impravement, be
assessed separately against that parcel.
~ b} The remainder of the costs of the improvement shat 1 be
assessed against the property as fal lows:
1. Street construction assessments.
a . As prove e ~ n su sects on 7.175 ~ 1 } ~ b} , the city
shall pay the costs of street construction i n excess of
the maxi mum assessable width for a street. That width
varies on the basis of street classification at the
place of construction, and the zoning and use of land
abutting the street at the place of construction i n
accordance with the fol 1 owi ng:
~ 1 } Parcels i n residential zoning districts may
be assessed for a maximum of 36 feet of width of an
impravement and far paving of a thickness determin-
ed by the city engineer, on the basis of standards
of the Oregon State Highway Division or the Asphal t
institute, to be adequate for residential traffic;
except that properties used for existing single-
family dwellings and existing duplexes may be
assessed for a maximum width as follows:
~ a} Parcels abutting arterials, or col 1 ec-
tar streets identified as such an the Eugene
Planned Street and Highway Right-of-Way Plan,
as approved by the council, may be assessed for
a maximum of 20 feet of width.
fib} All other parcels so used may be
assessed for a maximum of 28 feet of width.
~2 } Parcels i n commercial or industrial zoning
districts may be assessed for a maxi mum of 44 feet
width of an improvement and for paving of a thick-
ness determined i n the manner indicated i n subsec-~
tion ~2}fib}l.a.~l} above to be adequate far antici-
pated traffic.
~3} Parcels in any other zoning district may
be assessed according to the most intensive exi st-
ing land use of the parcels, as follows;
~a} Single-family dwelling or dup]ex,
28 feet of width of improvement.
Ordinance - 23
fib} Other residential or school, 36 feet
of width of improvement.
~c} Office, commercial, or industrial,
44 feet of width of improvement.
~4} Undeveloped parcels in a zone other than
residential , commercial , or industrial , may be
assessed according to the predominant existing use
of surrounding parcels,
b. The cost for the maximum assessable width shall
be apportioned to each parcel an the bans of its front
footage abutting upon the improvement, except that:
~1} if a residentially zoned parcel has a
total front footage of less than 60 feet on all
abutting streets for whi ch a street improvement
assessment has been or is likely to be made, then
that parcel shall be assessed as if its front foot-
age on those streets were 60 feet,
~ 2 } I f the width of the street i mprovemen t
varies within the improvement district, each parcel
shall be assessed i n accordance with the width or
widths upon which it abuts.
c. Assessments for street construction sha11 in-
cl ude the costs of catch basins and piping from catch
basins to storm sewers for properties specially bene-
fited by the basins.
2. Alley improvement assessments. A11ey improvement
assessments sha be apportioned as follows:
a. The front footage of a parcel along the alley
shall be ascertained and that footage shal 1 be weighted,
on the basis of permi ssi b1 a use of the parcel under the
zoning of the city, by multiplying the footage by the
factor indicated far that use i n the fallowing table:
Zone Factor
AG, RA R 1 1 Q
R-Z 2.0
R-3 5.0
~-~ 10. o
C-l, C-~, C-3, C-4, GO 10.0
I-l, I-~2, I-3 14.0
Other 1.4 - 10.0*
*Accordi ng to the most intensive use of the parcel and
to the zone 1 i steel above i n which that use i s al 1 owed,
which has the 1 vwest factor.
b. The area of each such parcel that i s within 160
feet of the alley, as measured at right angles from the
front footage of the parcel, shall be ascertained and
that area shat 1 be weighted an the basis of permi ssi bl e
use of the parcel under the zoning of the city, by multi -
plying the area by the factor indicated for that use in
the table set forth i n ~ 2 } ~ b} 2, a, of this subsection.
c. One-half of the general costs and overhead
to be assessed shall be apportioned on the basis of the
Ordinance - 24
weighted front footage and one-hal f on the basis of the
weighted areas.
d. When sections of an alley separated by a cross
alley or street are improved, the apportionment and
assessment under this section shall be far each section
of the alley. separately.
e. Assessments for alley improvements shall in-
cl ude the cost of catch basins and pipings from catch
basins to storm sewers for properties specially benfited
by the basins .
3. Sidewalk assessments, Parcels abutting a sidewalk
shall be l ~ a e or a proport~ ovate share of the cost of the
sidewalk, based on the front footage of the parcel abutting the
sidewalk, The front footage shall be ascertained i n the same
manner as for street-improvement assessments, Where, however,
the council finds that the topography makes i n unfeasible to
construct a si dewal k on both sides of the street, the cost of
the sidewalk on one side of the street may be assessed to
both the parse] s abutting the sidewalk and the parcels on the
opposite side of the street from the sidewalk, on the basi s
of the front footage abutting or directly across the street
from the sidewalk, or the costs may also be apportioned on the
basis of the area of sidewalk or driveway apron or both abut-
ti ng each parcel , whichever basis i s determined to be more
equitable by the council
4. Storm sewer assessments, The cost of storm sewer
construction shall be borne ~n the following manner:
a, ~n a new or undeveloped subdivision or a new
development, the parcels specially benefited by the
storm sewer shall bear the cost of the sewer up to and
including the first 24 inches of pipe diameter and i n
excess of 60 inches of pipe diameter. Subject to sub-
secti on ~ 1 ~ of this section, for pipes larger than 24
inches but not exceeding 60 inches in diameter, the
city shall pay a proporti oval share of the cost cal cu-
lated as follows:
City Percentage of Cost =
Pipe Diameter 17 - 24
Pipe Diameter 2 x ~00~
Where "pipe diameter 1}" is the actual pipe size, but
not more~~ than 60 inches i n diameter. Where "~ pi pe di a-
meter 2 } ~ s the actual pipe d~ ameter,
b. The cost to be assessed shall be apportioned to
each parcel on the basis of its land area in the assess-
ment district,
5, Sanitary sewer assessments, The cost of sanitary
sewer construction shat 7 be borne ~ n the following manner:
a, The properties specially benefited by a sani-
tary sewer shall bear the cost of the sewer up to and
including eight inches of pipe diameter, The additional
cost of a sani tary sewer shall be borne by the city as
provided in subsection ~1} of this section.
b. Sanitary sewer service lines, Each parcel pro-
vided wi th a servi ce line that extends from the ei ght-
Ordinance - 25
inch or larger lateral sewer 1 i ne to within 10 feet of
the property line, shall be considered to have one ser-
vice line connection point. 1f more than one service
1 i ne connection paint i s provided the parcel , i t shall be
assessed for the actual number of service 1 i ne connection
points. For large, unplatted parcels, provided with one
or more service line connection paints, each service line
connection point shat 1 be cansi dered to serve an area of
not more than 124 feet in width, and not more than 60
feet on each side of the service 1 i ne connection point.
Al 1 costs related to the service 1 i nes, including over-
head costs, sha11 be divided by the total number of ser-
vice 1 i ne connection paints, to determine the cost per
service line connection point. Each parcel shall be
charged far the number of service line connection points
provided.
c. Lateral sewer system. The lateral system shall
include al 1 cost ~ terns, ~ ncl udi ng overhead costs, related
to the eight-inch 1 ateral system. These costs shall be
apportioned to each parcel on the basis of a cost per
square foot of service area, determined by dividing the
total lateral system cast by the total service area, The
service area far each parcel shall be determined as
follows:
~1} For parcels provided with a service line,
the service area shall be that portion of the par-
cel lying within 160 feet of the street right-of-
way 1 i ne or within 160 feet of the side- or rear-
lot lines when the sewer is located nearer such a
line than the street line.
~2} For parcels where service lines are not
provided, a compensating factor shall be applied
to allow far the distance to the lateral sewer 1 ~ ne.
The factor shall be computed as follows:
Factor = 160 - ~ di stance from property - 112 right-of-way }
~ 1 i ne to sewer width }
160
The area, as determined in ~2}fib}5.c.~1} above, shall
be multiplied by this factor to determine the equi -
valent area of service for the lateral system.
Lateral system costs steal 1 also include an ei ght-
inch equivalent cost for a portion of all existing
or new trunk sewer lines larger than eight-inch
diameter which are necessary to complete the sewer
system within the improvement district.
d. Trunk sewer system. A parcel of land:
W ~c as een connected to the sanitary
sewer system or is a part of a sanitary sewer pro-
ject under contract before September 1, 1984,
~ 2 } Which has been annexed to the city by
March 1, 1983, or
~ 3 } For which the city has accepted an annexa-
ti on petition by March 1, 1983,
Ordinance - 26
shat ] be charged $.005 per square foot of total area.
Each other parcel shall be subject to a charge of $.425
per square faot of total area at the time of connection
to the sanitary sewer or at the time of contract award
for a sanitary sewer project benefiting the property,
whichever first occurs. For a large parcel, the council
may decide to levy this assessment only on the portion of
the parcel included on the lateral system assessment.
The remaining area shall be assessed for the trunk sewer
when it is served with the lateral sewer system or devel-
oped and connected to the sewer system.
Subparagraph ~2}fib}5.d shall not apply to a parcel
annexed to the city prior to January 1, 1945, or to a
parcel previously assessed for the trunk sewer system.
6. Other local imprvvernents. The cost of local improve-
ments not identified in subparts ~b}1 through ~b}5 of this
subsection shall be borne by the property specially benefited
as provided i n the counci 1 ` s order authorizing the local im-
provement,
~3 } ~dhen parcels of real property to be assessed are i n a planned
unit development or condominium i n which the common elements are joi ntl y
owned by those owning individual units within the planned unit development
or condominium, the entire planned unit development or condominium shall be
treated as a single parcel and its assessment shad be determined as pro-
vided i n subsection 7,175 ~Z } . After determining the assessment for the en~-
tire planned unit development or condominium, the assessment shall then be
apportioned and assessed against each individual unit of ownership wi thi n
the planned unit development or condominium and that unit's interest i n the
common elements according to the recorded declaration i f i t contains express
language directing the apportionment of assessments far public improvements,
Absent such ,express language, or absent a determi nati on by the council that
only specs f ~ c ~ nd~ vi dual units within the planned unit development or condo-~
minium specially benefit from the improvement and should therefore bear the
assessments, the assessments shad be apportioned and assessed among the
individual units according to the individual unit's proportionate interest
in the common elements.
~4} f~ithout repeating the notice required by section 1.155, prior
to enactment of the ordinance levying the assessment required by section
7.190, the proposed assessments for individual parcels of real property cal-
cul ated under subsections 7.175 ~2 } and 7.175 ~3 } may be adjusted by a wri tten
agreement between the affected owners and the city engineer provided:
~a} No parcel's adjusted proposed assessment exceeds the
assessed value of the parcel at the time of the agreement;
fib} The proposed adjusted assessment for any parcel subject
to subsections 1.150t~} and ~3} remains within the limitations
imposed under subsections 7,1502} and ~3}; and
~~} There i s no increase i n the city ` s share of project
costs or i n assessments to other parcels within the project whose
owners were not a party to the agreement,
7.185 Local ~ Improvements -~ Assessments -Notice.
1 Before an assessment for a local improvement is levied, the
finance officer shall dispatch by certified mail to each owner whose arcel
p
Ordinance - 27
of real property i s to be subject to the assessment a noti ce stag ng:
~ a} The description of the parcel of real property to be sub-
ject to the proposed assessment.
~ b} A general description of the project and a descri pti on
of the kind of improvement for which the proposed assessment i s to
to be made,
~c} The amount of the proposed assessment,
~d} When the assessment is approved by the council it wi11
become a lien against the described parcel if it is not paid within
a specified time.
~ e } The time and place of the public hearing on the proposed
assessment,
~f} That the owner is requested to attend the hearing and
there comment on the proposed assessment, that any owner who in-
tends to comment on the proposed assessment must notify the city
engineer of that intent by 5 p,m, on the third business day before
the hearing, and that fai 7 ure to do so forfeits the owner's right
to comment at the hearing ,
~2} The notice required by subsection 7,1851} shall be dispatch-
ed at least l0 days before the hearing to the owner`s address as known to the
finance officer or, i f not so known, as indicated on current records of the
Lane County Assessor; and shall also be posted on a bulletin board at city
hall at least ten days before the heari ny,
~ 3 } The finance officer shat 1 keep a record of the notices mai 1 ed
and posted and of receipts indicating de] i very of the notices to the property
owners .
7.187 Local Improvements -Assessments -Hearing.
1 Be ore the council 1ev~es any assessment far a local improve-~
meat, the council or its designee shall hol d a publ i c hearing and consider
comments on the proposed assessments. At the hearing the city engineer and
finance officer shall provide an assessment report stating:
~a} The total cost, if known, or an estimate of the total
cast of the improvement, the amount of that cost to be assessed
benefitted real property and the amount to be borne by the city
and others.
~ b} The method of calculating the assessments for the i m-
provement,
~ c} A descri pti on of each parcel of real property proposed
to be assessed, the name of the owner, and the amount of its pro-
posed assessment,
~ d} Certification that nati ce of the proposed assessment was
given as required by section 7,185 of this code.
~ e} Whatever additional information the council requires.
~~} After considering evidence and argument presented at the hear-
i ng, the cvunci 1 shall make findings regarding compliance with sections
7,160 to 7.190 and determining the special benefit each parcel of real prop-
erty assessed receives from the local improvement, The findings shall be
adopted in the ordinance levying the assessments,
~3} If during the review of the proposed assessments the council
or its designee determines that a proposed assessment should be increased,
a new notice of the increased proposed assessment as required in section
7.185 and an opportunity for comment thereon shall be given the owner of the
affected real property before the increased proposed assessment is levied,
Ordinance - ~8
7.190 Local Improvements - Assessments - Levy and Notice Thereof.
e counci by or ~nance sha levy assessments on parcels of
real property specially benefited by local improvements. Upon enactment of
such an ordinance, the finance officer by first class mail shall give notice
of the assessments to the owners of the assessed parcels. The notice shat 1
state that each assessment may be paid i n full , without interest, wi thi n ten
days after the date of the assessment ordinance and that, if the assessment
i s not so paid, interest on the unpaid balance of the assessment wi 11 accrue
as prescribed in the assessment ordinance until the assessment is paid,
unless payment of the assessment i s deferred under section 7.200. The
notice shall also state that the assessment may be paid i n installments
according to the terms set forth i n the assessment ordinance, and shat ] i n-
clude an application for so paying the assessment.
~2} Unless otherwise specified by this code or by assessment ordi-
nance, reference i n this code to making payments i n installments including
but not limited to, i nstal Invent payments under the Bancroft Bonding Act,
sha] 1 mean paying the obligation i n up to twenty ~ 2n } equal semi -annual i n-
stal 1 ments including principal and interest at the rate set under section
2.022 of this code, provided no such installment payment is less than $25.
7.195 Local Improvements - Deferral , Extension, or Modification of
Payment of Assessment - E1 ~ g~ b~ l ~ ty for Improvement Assn stance
Program.
For purposes of the improvement assistance program described
in this section, a property awner is a natural person who resides on and is
the sole owner of, or a husband and wife who reside on and one or both of
whom exclusively own, real property regarding which assessment payments are
brought within, or proposed to be brought within, the program.
~2} To the extent that funds are available in the Local Improve-
ments Assistance fund, deferral , extension, or modification of payments on
assessments for local improvements, for assessments under section 7.154 and
for nuisance abatement ]iens shall be accorded eligible real property owners.
~3} To be eligible for deferral of assessment payments:
~ a } The real property owner shat l be sixty-two ~ 62 } years of
age or more, or, if a husband and wife, one shall be so;
fib} The owner's annual income may not exceed thirty-five X35}
percent of the latest Lane County median family incor~e recognized
vn July 1 of each year by the Department of Housing and Urban
Development, or forty X40 } percent of that median family income i f
the owner is a husband and wife; plus an additional five ~5} per-
cent of the Lane County median family income far each dependent
residing on the property and related to the owner by blood or mar-
r~ age ~ n the f ~ rst or second degree;
~c} The awner may not, or if the owner is husband and wife
neither may, own assets i n addition to the property of residence
and its household furnishings worth more than four ~4 } times the
allowable income under subsection ~3}fib} of this section, except
that assets producing any part of the income counted in subsection
~3 } ~ b} of thi s secti an shat l be excluded i n determining the amount
of assets owned; and
~d} The awner may not, or if the owner is husband and wife
neither may, own fee ti t1 a or a possessory interest i n other prop-
erty which i s allowed a deferral under this section.
Ordinance - 29
payments:
~ 4 } To be eligible for an extension or modification of assessment
4 a} The real property owner shat 1 be fifty-five X55 } years
of age or more or, if a husband and wife, one shall be so;
fib} The owner`s annual income may not exceed fifty-five X55}
percent of the latest Lane County median family income recognized
on July 1 of each year by the Department of Housing and Urban
Development, or sixty ~ 64 } percent of that median farm l y income i f
the owner is a husband and wife; plus an additional eight 48} per-
cent of the Lane County median family income for each dependent
residing on the property and related to the owner by blood or
marriage in the first or second degree.
tc} The owner may not, or if the owner is husband and wife
neither may, own assets i n addition to the property of residence
and its household furnishings worth mare than three ~ 3 } times the
al l owab] a income under subsection ~ 4 } ~ b} of this section, except
that assets producing any part of the income counted in subsection
~4}fib} of this section shall be excluded in determining the amount
of assets owned; and
~d} The owner may not, or if the owner is husband and wife
neither may, own fee title or a possessory interest in other real
property which is allowed a deferral under this section,
7.191 Local improvements - Deferral of Assessment Payment -Eligibility
ase on De ay o Bene ~t.
As used ~n t ~s section, "undeveloped real property" means a
single parcel of land or several contiguous parcels of land i n single owner-
shi p with an area free of permanent structures capable of being divided into
four or more developable lots.
~ ~ } Co] 1 ecti on of the portion of the street construction assess-
ment representing the costs in excess of that fora ~8-foot street may be
deferred if:
~ a} The real property i s 1 ocated i n an R-1 or RA zoning
district and i s undeveloped property; or
~ b} The real property i s i n any other zoning district but i s
used for an owner-occupied single-family dwelling. ~~f the prop-
erty has the potential for development as more than one lot,
deferral wi 1 l be allowed only on the portion where the dwelling
is located, including minimum side yard setbacks.}
~ 3 } Col 1 ec ti on of a porti an of an assessment for improving an
alley may be deferred when real property specifically benefi tted by the im-
provement i s the site of only an owner-occupied si ngi e-family .dwelling and
structures accessory thereto, and is located in a zone other than AG, RA, or
R-1. The portion of the assessment which is to be deferred may not exceed
the difference between the amount of the assessment as i t i s computed on the
basis of the zone on which the property i s 1 ocated and the amount as i t
would be computed if the property were in an AG, RA, or R-1 zone.
~4} Collection of an assessment for construction of a new street
opened through action of the council may be deferred when the abutting real
property dues not have driveway access to the street and is not developed
fora purpose which makes use of the street.
~ 5 } Collection of a sewer improvement assessment may be deferred
when a sanitary sewer or a storm sewer trunk line is installed across or
Ordinance - 3D
adjacent to undeveloped real property which i s located within 160 feet of
the sewer, which has not been subdivided, which does not have access to a
sanitary sewer lateral system, and which is located more than 160 feet away
from a dedicated road or street.
~ 5 } Collection of an assessment far construction of a sanitary
sewer service 1 i ne may be deferred i f
~a} The service connection will not be used until a subdivi-
s~ on occurs;
~ b} Installation with a paving project wi 11 e1 i mi Hate a
future street cut; or
~c} Property owner approval was not given but it is in the
city's best interest to instal l the service l i ne.
7.204 Local improvements -Agreement to Defer, Extend,~or Modify Assess-
ment ayments, T e ~nance o ~cer s a ma a ava~ ab a to inter-
ested persons upon request information regarding eligibility for deferral,
modification, or extension of assessment payments. An eligible real property
owner who requests such a deferral, extension, or modification shall submit
evidence of el i gi bi 1 i ty on forms provided by the finance officer, After re-
view of the evidence submitted, the finance officer shall notify the appli-
cant whether the request has been granted. I f i t has, the applicant shat
enter into a contract to pay the assessment in accordance with the terms of
the deferral , extension, or modification. The contract shat 1 be on a form
approved by the city attorney, and may be recorded in the official records
of Lane County, Oregon.
7.205 Local Improvements -Interest on Assessment Payments Deferred,
Mod~f~ed, or Extended.
1 An assessment deferred under subsection 1,1953} shall accrue
simple interest of three percent X3°6} per annum from the date it is levied
until the deferral ends, The contract required by section 7.200 shall
specify whether the interest i s to be paid semi-annually or monthly during
the deferral, or in one lump sum at the end of the deferral, when the
deferral ends payment of the assessment shall be made as provided in section
7.224,
~ 2 } Extended or modified assessment payments authorized under sub-
section 7,1954} shall be due semiwannually fora term of years not to exceed
twice the number of years remaining on the assessment bonding agreement as
of the date that the application for extension of payments i s submitted.
The amount and date of semi-annual payments to be made shall be as specified
in the contract of extension ar modification. Each such payment shall in-
cl ude interest accrued to the time of the payment on the unpaid balance of
the assessment. During the first 10 years of the extension, interest shall
accrue at the rate then authorized by section 2.022 of this code. During any
period of the extension after the 10 years, interest shat 1 accrue at three
percent ~ 3°6 } per annum less than the rate of interest charged at the begi n-
ni ng of the extension period.
7,210 Local improvements - Termination of Deferral, Extension, or
Mo ~ ~cat~on o Assessment Payments. A deferral, extension, or
modification of assessment payments shat l end i f :
Ordinance - 31
~ a} The owner of the parcel of real property for whom the
deferral , extension, or math fi cati on i s granted defaul is i n perform-
i ng the contract pertaining thereto under secti an 7.200;
~ b} The owner ceases to be e1 i gi b1e for the deferral , exten-
si on, yr math fi cati on under secti an 7.195;
~c} The owner transfers to any other party fee title or a
possessory interest i n the parcel to which the deferrai , extensi an,
or modification pertains;
4 d} Ti t1 e to the parcel passes to another party by devise or
intestate succession, except that the deferral shat 1 not be termi-
nated so long as the owner occupies the parcel as a single-family
dwelling.
fie} The parcel for which a deferral was granted under subsec-
tion 7.19?~1} or 7.1912} is used for a purpose other than the use
existing at the time the deferral was granted;
~f} The parcei for which a deferral was granted under subsec-
tion 7.197 }has access to the street through a driveway, or is
used fvr a purpase other than asingle-family residence, or is par-
ti ti oned to create new 1 ots fronting on the street for which the
assessment was levied; or
fig} The parcei fvr which a deferrai has been granted under
section 7,197 ~s} i s subject to one of the fol 1owi ng changes:
1, Aland division or redivisian either by a subdivi-
si on or ma jar or minor party ti an i s fi 1 ed by the owner;
2. A sanitary sewer iatera1 system becomes usable by
the parcel;
3. A dedicated roadway is extended to provide access
to the parcel located within 150 feet of the sewer; yr
4. An application is made for a permit to connect
existing or proposed improvements on a portion of the parcel
to the sewer system of the city.
~ h } The owner of the parcel for which deferral or math f i ca-
tion or extension has been allowed under subsection 1.1953} or
7.195 ~4 } fai 1 s to comply with the requirement of section 7.215 to
provide records demonstrating continued el i gi bi 1 i ty as determined
by subsection 1.1953} or 7.1954}.
~i} The owner of the parcel for which a deferral was granted
under subsection 7.197 ~ 5 } ~ b} and ~ c} makes apps i cati on for a sewer
cannecti on permit.
7.215 Local Improvements -Deferral , Extension, or Modification of
Assessment Payments - I nvest~ gate on of Continued E1 i i bi 1 i ty. The
finance off ~ cer per vd~ cal 1 y shat i revs ew all ava~ 1 abl a recards ref ati ng to
the income and assets of the real property owner for which deferral , exten-
sion, or modification of assessment payments has been allowed under subsec-
ti on 7.195 ~ 3 } or 1.195 ~4 } tv ascertain that the property owner continues to
meet the e1 i gi bi 1 i ty standards. Iii thi n thirty ~ 30 } days after request i s
made by the finance officer, the property owner shall submit such records as
the finance officer shall request pertaininy to the owner's income and
assets.
Ordinance -~ 32
7.224 Local Improvements - Deferral , Extension, or Modification of
ssessment Payments - Lens.
Any assessment for wh7 ch payments have been deferred, extended,
or modified under section 7.195 ar section 7.197 shat 1 be a 7 i en on the prop-~
erty to which the assessment pertains. Except as provided in subsection
7.2202}, when such an assessment becomes due under section 1.210, the entire
unpaid principal plus interest shall be due and payable and it may be en-
forced and collected as though it has not been deferred, extended, or modi-
fied and as though no timely application was made to pay the assessment in
Installments.
~ 2 } When a deferral , extension or modi f i cati an of assessment pay-
ments ends for the reasons in subparts ~b}, ~g}2, ~g}3, ~g}4 and ~i} of sec-
ti on 1.210, the real property owner may pay the assessment and interest
thereon as provided i n section 7.190 from the date the deferra] , extension
or modification ended.
7.225 Local Improvements -- Lien Records and Foreclosure Proceedings.
ter passage o an assessment ordnance provided for ~n sec-
ti on 7.190, the finance officer shall enter i n the docket of city 1 fens a
statement of the amounts assessed by the ordinance on each particular parcel
of real property or porti an thereof together with a description of the 1 oca1
improvement, the names of the owners of the parcel assessed, and the date of
the assessment ordinance. Upan that entry each amount so entered shall be-
come alien and charge upon the respective parcel of real property which has
been assessed far such improvement.
~ 2 } The city may proceed to foreclose or enforce co11 ecti on of
the ful] amount of unpaid principal and interest plus attorney fees and costs
of foreclosure or collection on delinquent municipal liens in the manner pro-
vided by the general 1 aw of the State of Oregon ar by thi s code, but the city
may, at the direction of the city manager or the manager's designee, enter a
bid for the praperty being offered at a forecl osure sale, which bid shat ~ be
pry or to all b~ ds, except those made by persons who would be entitled under
the laws of the State of Oregon to redeem the property.
7.230 Local Improvements - Errors in Assessment Calcula tions. A person
whoa eges an error ~n ca cu anon of assessments may call the
alleged error to the attention of the finance officer, who shat 1 determine
whether there has been an error in fact. If the finance officer finds that
there has been an error in fact, he shall recommend to the council an amend-
ment to the assessment ordinance to correct such error; and upon enactment
of the amendment, the finance officer shall make the necessary correction in
the docket of city l lens and send the correct notice of assessment to the
property owner by certified mail .
7.235 Local Improvements - Deficit Assessment. In the event that an
assessment ~s ma a be ore t e tota cost of the local improvement
is ascertained and the amount of the assessment is insufficient to defray
the expenses of the improvement, the caunci 1 may, by motion, declare the
deficit and;
~ a} Determine that the cost of preparing a proposed def i ci t
assessment daes not justify proceeding under paragraph fib} of thi s
Ordinance - 33
mendation, the council shall consider the matter, and if the council finds
that the requested segregati an can be made without prejudice to the security
interest of the city, i t shall direct the finance officer to apportion the
assessment among the subdivision lots or partition parcels and change the
assessment ] i en docket accordingly.
~ 5 } I f the council determines that the city would be prejudiced
by a segregation requested pursuant to subsection 7.2501}, payment of the
entire assessment for the subdivision or partition shall be a condi ti on pre-
cedent to discharge of the lien of the assessment.
~ 6 } Each application for segregation of assessment shall be
accompanied by a fee i n the amount specified i n the schedule of fees estab~
1 i shed by resolution of the council
7.255 Local Improvements -Abandonment of Proceedings. The council may
aban on or resc~n prviceed~ngs for oca improvements made under
sections 7.160 through 7.270 at any time before the final completion of the
improvements. If liens have been assessed in the proceedings, they shall be
cancelled, and any payments made on such assessments shall be refunded to
the owners of each parcel of real property at the time of the counci 1' s
action under this section.
7.260 Local Improvements -Curative Provisions, No local improvement
assessment ~s inva ~d by reason o
~ a} A fai 1 ure of the city engineer to provide a] ] required
information;
fib} By reason of a failure to have all of the information
required in the improvement resolution, the assessment ordinance,
the lien docket, or notices required to be published ar mailed;
~c} By the failure to list the name of, or mail to the owner
of any property any required notice; or
~ d} By reason of any other error, delay, omission, i rregu-~
larity, ar other act, jurisdictional or otherwise,
in any proceeding or step specified in sections 7.160 through 7.270, unless
i t appears that the asssessment i s unfair or unjust i n its effect upon the
person complaining. The council may remedy and correct all such matters by
suitable action
7.265 Local Improvements -Reassessments. ~lhenever any assessment,
de ~cit, or reassessment for any local improvement which has been
made by the city i s set aside, annul 1 ed, declared or rendered void, or its
enforcement i s restrained by any court of competent jurisdiction, or when
the council doubts the validity of the assessment or reassessment or any
part thereof, the council may reassess in the manner provided by state law
provided, however, that the council or its designee may conduct any hearings
as provided in sections 7.166 and 7.187.
7.279 Development Charge -Exceptions, Qualifications,
1 No charge ~ s due under section 7.277 of this code for a
development 1 orated i n the city on or before Apri 1 11, 1978, but not then
connected to the sanitary sewer system of the city i f the connecti an to the
Ordinance - 35
section and authorize the expenditure of city funds to pay the
deficit; or
fib} Prepare a proposed deficit assessment.
The counci 1 shat 1 set a time far the counci 1 or its designee to hear ab jec-
tions to the deficit assessment and shall direct the finance officer to
notify the owners of each parcel of real property to be assessed, as provided
i n section 7.185. After considering evidence and argument presented at the
hearing, the council shall make a just and equitable assessment by ordinance,
why ch shall be entered ~ n the docket of city 1 i ens as provided by section
?.225. Notice of the assessment shall be sent to the owner in accordance
with section 7.190, and the collection of the assessment shat l be made i n
accordance with sections 7.190 and 7.225,
7.240 Local Improvements -Rebates. ~ f, upon the completion of the 1 oval
improvement proUect, ~t ~s found that the assessment previously
levied upon any parcel of real property is more than sufficient to pay the
costs of such improvement, the council shall ascertain and declare the excess.
When so declared, the excess shall be entered on the lien docket as a credit
upon the appropriate assessment. In the event that any assessment has been
paid, the owner of the parcel at the time the excess i s declared by the
council shall be entitled to the repayment of the excess.
7.245 Local Improvements -Sewer Utility Fund, All sums of money
co ecte pursuant to subsection 1.115 2}fib}5,d, shall be credited
to the sewer utility fund of the city,
7.250 Local Im rovements -Segregation of Assessments.
whenever property assessed as an entire tract is subsequently
subdivided or parti ti oned, a person owning any of the subdivision or parti -
ti on and desiring to remove the assessment or to apportion the assessment
among the 1 ots i n the subdivision ar parcels i n the partition shat 1 appl y
through the city finance officer to the council for a segregati on of the
assessment and a determi nati on of the amount due on that subdivision or
partition.
~2} The finance officer shall thereupon cause an appraisal of the
entire subdivision or partition.
~3} If the council finds that the segregation can be made without
prejudice to the security interest of the city, the finance officer shall ,
upon receiving payment applicable to the segregated portion of the tract,
d~ scharge the 1 ~ en of the assessment on that subdivision or partition, Pro-
vided, however, that if the lien is discharged before it is determined if
there will be a rebate or deficit assessment, the owner shall be advised in
writing and a notati on shat l be made i n the 1 i en record of the possi bi 1 i ty
of a rebate or deficit assessment.
~4} Notwithstanding subsection 7,2503}, if the assessment is for
off-street parking facilities, the finance officer shall conduct a hearing
on the requested segregation, Each owner of a l at i n a subdi vi si on or par-
cel ~ n a party t~ on shat 1 be entitled to be heard at that hearing and shat 1
receive ten days advance notice of the hearing. On the basis of the evidence
presented at the hearing, the finance officer shall recommend to the council
that the segregation be approved or disapproved. Upon receipt of the recom-
Ordinance - 34
system i s made within l8 months of the date that the city notifies the owner
of the development that connection to the sanitary sewer system i s required .
If a connecti on i s not made to the system within that time, the owner shat l
pay the charge computed under subsection ~5 } of section 7.277.
~2} A charge is due under section 7.277 of this code for a change
i n development only i f the change i n development results i n a charge of at
least $60 and increases
~a} the floor space of the development,
~ b} the impervious surface of the devei opment, or
~c} the charge for the development as computed under
secti an 7.277 of this code.
~3} A housing or other development that receives financial support
from the city shat 1 recei ve a reducti on i n or exemption from the charge
equal to the amount of financial support the development receives from the
city.
~4} No charge is due under section 7.277 of this code far develop-
ment by any municipal , quasi-municipal or public corporation.
~5} No charge is due under section 7.277 of this code for paving
an unpaved parking area before April 1~, 1981, if the parking area was con-
tinuously used as such and existed before April 11, 1978.
~6} No charge is due under section 7.277 of this code for develop-
ment in the following area: Beginning at the intersection farmed by 13th
Avenue and Washington Street, thence northerly along the centerline of
Washington Street +1~ 5840 feet to the centerline of the Wi 11 amette River,
thence easterly along said river centerline +1- 1000 feet to a paint that
i s the intersection of the extension of Lincoln Street and the centerline
of the Wi 11 amette River, thence southerly along the centerline of Li ncai n
Street +1.. 2500 feet to the centerline of Southern Pacific Rai 1 road right-af-
way, thence easterly along said rai 1 road right-of~-way centerline +1- 2504
feet to the centerline of High Street, thence southerly along the center
1 i ne of High Street +1- 2300 feet to the centerline of 13th Avenue, thence
westerly along the centerline of 13th Avenue +1- 3200 feet to the centerline
of Washington Street, to the paint of beginning, all i n Eugene, Lane County
Oregon.
Construction Requirements for Individuals, Contractors, Franchisees and
erm~ is or se o Pu ~ c Way
1.290 Canstructi on and Use of Public Way w Permi t Required; Standard
5pec~ ~ cats ans.
1 as used ~ n this section, "work affecting the public way" i n-
cl udes, but i s not 1 i mi ted to instal 1 ati on or construction of any structure,
pipe, conduit, culvert or foci 1 i ty, construction, reconstruction, grading,
oiling, repair, opening or excavation of a public way for any purpose, but
does not include the construction of public improvements performed under a
con tract executed by the city manager or work performed by city employees
under the city manager's di recti an.
~2 } No person or municipal uti 1 i ty shall do work affecting a
public way without first obtai ni ng a Permi t from the city engineer.
~3} Work affecting a public way shall be performed in accordance
with this code, the standard specifications adopted by the city engineer,
sound engineering and design practices and such other reasonable condi ti~ons
Ordinance - 36
requi red by the city engineer to protect the public health, safety and wel-
fare,
~ 4 ~ The city engineer shall adopt standard specifications for
work affecti ng a publ i c way.
~5~ Tf an applicant for a permit or the contractor performing the
work far the appi cant i s:
~ a} Delinquent i n performing the obligations requi red by sec-
ti ons 7.290 to 1.345 on permits previously issued, the city engi-
neer may refuse to issue a new permit far other work affecting a
public way unti 1 the delinquency i s corrected; and
~ b~ Has hi stori ca] ly been delinquent i n performing the ob1 i -~
gati ons requi red by sections 7.290 to 1, 308, the city engineer
may requi re a band or other reasonable security be posted with the
city against which the city may collect its cost of enforcing thi s
code and the conditions of any permit issued thereunder against the
permittee,
7.295 Public Way Construction and Use -Permit App] i cati on.
n ess of erwi se perms tte ~ n sects on 1.305, application for
a permit to perform work affecti ng a publ i c way shall be made to the city
engineer on forms provided by himlher, The city engineer may waive the re-
qui rement to complete the application form and pay the permit fees and
restoration deposit when the amount of work to be done i n the public way
does not warrant the cost of processing the application and enforcement of
this chapter.
~ 2 ~ The city engineer may require such information i nc1 udi ng draw-
ings, surveys and plans as ~sl~he deems necessary to determine whether the
proposed work conforms to the requirements of this code .
~ 3 ~ T f the city engineer determines that i t i s proper that the
proposed work be done, the application shat 1 be approved, After approval ,
and upon receipt of the requi red fee and deposit, the city engineer shal 1
issue a revocable permit.
~4~ Tf the city engineer denies a permit, the applicant shall have
the right of appeal to the city manager as provided in section 3,050 of this
code.
7.291 Permit - Insurance Requirement; Safety.
o perrn~ t s a e ~ ssue un er section 1.295 unless an appi i -
cant agrees to save the city, its officers, employees and agents harmless
from any and all costs, damages and 1 i obi l i ti es which may accrue or be c1 ai m-~
ed to accrue by reason of any work performed under said permit. The accept-
ance of a permi t under 7, 290 shall constitute such an agreement by the
applicant whether the same is expressed or not.
~2} A permittee shall preserve and protect from injury other per-
mittees' foci 1 i ti es i n the public way, the public using the public way and
any adjoining property, and take other necessary. measures to protect life
and property i nc1 udi ng but not limited to bui 1 di ngs, wa11 s, fences or uti l i -
ties that may be subject to damage from the permitted excavation. A per-
mi ttee shall be responsi b1 a for all damage to public or private property
resulting from its fai 1 ure to properly protect people and property and to
carry out the work.
Ordinance - 37
7.299 Public Way Construction and Use -Permit Revocation. Fai 1 ure to
comp y w1t any cond~t~on o the permit issued under section 1.295
and related code requirements, or failure to make a safe and timely restora-
ti on of the public way shat 1 be cause for revocation of the permit.
7.300 Public Way Construction and Use -Permit Fees.
1 The ee or a permit required by section 1.294 shall be set
by counci 1 resolution to defray the cost of inspection and administration of
the code provisions covering work affecting the public way.
t2 ~ Except when the permi ttee i s a muni ci pa1 uti 1 i ty or a fran-
chi see, i n addition to the fee required i n subsection 1.300 ~1 ~, a fee for
leaving any structure, pipe, conduit, cut vert or faci 1 i ty i n the public way
may be set by counci 1 resolution to provi de a reasonabl a return to the
public for the permitted on-going use of the public way.
7.302 Public Way Construction and Use -Location of Faci 1 i ti es, A11
un ergroun p~ pes an can u~ is ~ n the pub ~ c way sha 1 be 1 ai d a
minimum depth of 34 inches bet ow the city-established street grade or alley
grade and 30 inches below ground 1eve1 in utility easements. If it becomes
necessary for the proper or necessary public use of any public way that any
structure, pipe, conduit, cut vent or faci 1 i ty heretafare i nsta11 ed or con-
structed be removed or ref ocated or that any use made thereof by a muni ci pal
uti 1 i ty, franchi see or permi ttee be discontinued, the city engineer shat l
give written notice to the owner of the pipe or conduit to remove the same
wi thi n a reasonabl a time. ~ f the owner fai 1 s to comply with such notice, the
city may remove the same and charge the costs of removal to the owner.
7.305 Pub1 i c Way Construction and Use -~ Municipal Uti 1 i ti es and Fran-
c ~ see Open? ng Perms is and ~nspect~ on.
1 ~ f the applicant for a permi t required by section 7.294 i s
a muni ci pal uti 1 i ty or a franchi see, the city engineer's stamp of approval
on the municipal uti 1 i ty' s or franchi see' s drawings for the proposed work
sha11 constitute issuance of a permi t. The work performed under such a per-
mi t sha 11 comply with the requirements of subsection 7.290 ~ 3 ~ . The rnun i ci pal
uti 1 i ty' s or the franchi see' s drawings sha11 designate i n the permit, with
accurate dimensions shown, the part of the public way to be used and the
municipal utility or franchi see sha11 strictly conform to the designation
so made, unless re-approval i s given by the city engineer.
42 } The municipal uti 1 i ty' s or franchi see' s approved drawings
must be at the work site for which the permit is issued before work begins
and remain there during the performance of the work. After completion of
the work, the municipal uti 1 i ty or franchi see sha11 furnish the city engi -
neer as-bui 1 t plans showing the 1 ocati on and depths of all i nstall ati ans.
~ 3 } The municipal uti 1 i ty ` s and the franchi see' s work under the
permit i s subject to inspection during and after completion of the work.
Regarding the ref ocati on of the public way, a ci ty i nspectvr may require
changes i n construction technique or workmanship i f hazardous conditions are
present and may halt construction if it does not conform to the approved
drawings. That a ci ty inspector di rected a change i n construction techniques
or warkmanshi p shall not ref i eve the permi ttee of its obl i gati ans under sec-
tion 7.290 to 7.348.
Ordinance - 38
~4 ~ ~ n an emergency, a muni ci pa1 uti i i ty or franchisee may open
a public way to repair or install an underground uti 1 i ty system, provided,
before commencing work the muni ci pas uti 1 i ty or franchisee enters each exca--
vati on on the communication system of the Lane Uti 1 i ti es Caordi nati ng Council ,
and provided the municipal uti i i ty or franchisee obtains the permit required
by subsection 7, 305 ~ 1 ~ promptly thereafter,
~ 5 } A muni ci pal uti 1 i ty and a franchi see shat 1 pay the established
permit fees. The permit fees shall be paid monthly, before the 15th day of
the month fol 1 owi ng inspection.
1,307 Pubi i c Way Cvnstructi on and Use -Repair.
1 Except where waived by the city engineer, the permittee shat l
temporarily patch with aspha1 t maters a1 any backfi 11ed trench i n any vehi cl e
traffic 1 ane the same day of trench backfi i l , unti 1 the final pavement repai r
i s placed, Temporary trench repair shall be maintained sufficiently to pre-
vent settlement or irregular surface. Within 60 days of completion of the
work and at permittee's expense the permanent pavement repair of the public
way to city standards sha11 be done by a qualified contractor or by the per-
mittee if the city engineer has determined the permittee has the resources
and trained personnel. If the permittee fails to make the permanent pavement
repair within the time specified, the city may make the repair and charge
the cost thereof to the permittee without prior noti f i cats an,
~2} A permittee sha11 be responsible to promptly remove and clean
all excess earth, stone, crushed rock, rubbish, debris and any unused mater-
s al from the public way surface that results from work performed. As work
progresses, all public ways sha11 be thoroughly c1 eaned of al 1 rubbish,
excess earth, rock, and other debris resulting from such work, A11 cleanup
shal i be at the expense of the permittee, Upon fai 1 ure to do so, within 24
hours after notification, the city may do the work and charge the cos t
thereof to the permittee, 1f i n the judgment of the city engi Weer a hazard-
ous ar dangerous condition exists that affects the pubiic health, safety
and welfare, the notification requirement may be waived and the city may
take necessary corrective action to remove the hazardous condi ti ans and
charge the costs thereof to the responsible party without prior notification.
43~ A permittee shall maintain ail gutters free and unobstructed
for the ful 1 depth of the adjacent curb and far at least one foot i n width
from the face of such curb at the gutterline, Whenever a gutter crosses an
intersecting street, an adequate waterway shall be provided and at all times
maintained,
7,308 Opening Public Ways -Restoration and Maintenance.
1 I t e work perm~tte ~s ~n an unimproved public way, the per-
mi ttee sha11 be responsi b1 a for restoration and maintenance of the area of
the pubs i c way affected by the work for one year after comps eti on of the
wark,
~2~ If the work permitted is in an improved pubiic way, the per-
mi ttee shat 1 be responsi b1 e for restoration and maintenance of the area of
the public way affected by the wark. If more than one permittee has perform-
ed work i n the same area, the city engineer shal 1 ai i ocate the responsi bi 1 i ty
and cost for restoration and maintenance taking into account the nature of
the work done, and of the deterioration that has occurred, when each permittee
performed the work, the kind of equipment and construction techniques used,
Ordinance - 39
and such other factors as the engineer deems relevant.
~ 3 } Upon reasonable notice under the circumstance, i f the per-
mi ttee fai ] s to restore and maintain the public way affected by its work,
the city may perform the work and charge the cost to the permi ttee.
l .309 Pub1 i c way Construction and Use - Cut vent I ns to l l ati ons , T f the
permit ~s for ~nsta at~on a a culvert or access to property,
the culvert must be installed i n the size designated by the city engineer
and i n compliance with the requirements of subsection 1.290 (3 } . All cut vents
are considered temporary and may be removed at any time as provided in sec-
ti on 7.302.
1.340 Television Cable Trenching.
or new constructs on or property development where the city
requires that television cable be placed underground, the developer of the
property sha11 give the local general manager or systems engineer of the
cable franchise hot der at 1 east 30 days written notice of such construction
or development. The notice sha11 include a cagy of any final plat, the par-
ti cular date on which open trenching will be avai 1ab1 e for the cable fran-
chi se hot der' s instal 1 ati on of conduit, pedestals andlor vaults, and lateral s
to be provided at the cable holder's expense, Trenching within the publ i c
way shal 1 conform to sections 7.290 to 7.305 of this code .
~ 2 } Notice of trench avai 1 obi 1 i ty shall be given by certified
mail , or other method which establishes the time of receipt by the cabl e
franchise hot der. Costs of trenching and easements required to bring ser-
vice to the development sha11 be borne by the developer. If the cable fran-
chi se hot der fai 1 s to instal 1 its conduit, pedestals andlor vaults, and
1 ateral s within two ~ 2 } working days of the date the trenches are avai 1 abl e
as designated i n the notice, and the trenches are subsequently closed after
the two~day period, the cost of new trenching shat 1 be borne by the cabl e
franchise holder.
~ 3 } ~ f the developer fai 1 s to provide the trench for the tel e-
vi si on cable and the required notice to the cable franchise holder, the city
engineer may cause the trench to be provided either with city forces or by
private contract, and sha11 give the cable franchise holder 30 days written
notice of the date the trench will be avai 1 ab1 a for instal 1 ati an of conduit,
pedestals andlor vaults, and laterals.
~4 } I f the trench i s provided through use of city forces, the
developer shal 1 be charged the amount of actual cost, as established by the
city engineer. This shal 1 consist of the basic costs of the work, including
supervision, and whatever additional costs any extraordinary aspect of the
the work entails.
~5} ~f the trenching is necessitated under subsection ~3} above
and the work is performed under a private contract, the develo er sha11 be
p
charged the amount actually paid to the contractor, plus a charge for super-
vi si on as established by the city manager.
~5} The finance officer may collect the amount of any charges
from the developer or cause the charge to be assessed against the property,
and subject to the 1~en and foreclosure procedures prescribed in sections
2, 540 to 2.547 of this code.
~l} In the event the cable franchise holder fails to install its
conduit, pedestals andlor vaults, and 1 ateral s within two ~ 2 } working days
Ordinance - 40
of the date the trenches are available as designated sn the notice given by
the city and the trenches are subsequently closed after the two-day period,
the cost of new trenching shall be borne by the cable franchise holder.
Sidewalk, Curb and Driveway Requirements
7,365 Sidewalks -Subdivision Variances, when approving subdivision
p ats, t e p ann~ ng d~ rector may grant a vari once as to 1 ocati on
or width of sidewalks or may recommend to the counci 1 that sidewalks not be
required when, i n the director's opinion, these provisions are impractical
because of topography,
7.370 Sidewalks -Owners to Fill Ground Between Curb and Sidewalk. It
sha be the duty of all property owners to f 711 w~ th earth, svi 1,
brick, gravel , clay, 1 oam, cinders, mu1 chi ng maters al or Portland cement con-
crete, but not asphaltic concrete, the space between the curb and si dewal k
~ n front of their property and to the curb line of the street at the i nter-
sections to a level and grade with the curb and sidewalk. Subject to sec-
tions 4.832 and 4,833 of this code, and sections 1.635 tv 7.650, a ground
cover yr tree may be used provided s t i s approved i n writing by the city
manager or the manager's designee,
7.375 Sidewalks and Driveway Approaches _ Owner`s Res ansibilsty to
Mai nta~ n .
1 The owner of land abutting a sidewalk shall maintain the side-
walk and driveway approaches sn good repair and safe condition.
~2~ The owner shall be liable for injury, damage or loss to per-
son or property caused by the owner's negligent failure to comply with sub-
secti on ~ 1 ~ of this section .
~ 3 ~ The city shat 1 not be liable for injury, damage or 1 oss to any
person or property caused i n whole or i n part by the defective or dangerous
condition of any sidewalk or driveway approach.
~4 } The city engineer may serve notice on the owner to reconstruct
or repair the abutting or adjoining sidewalk or driveway approach as condi-
ti ons may require. A Hots ce to reconstruct or repair and the owner's duty
to repair shat 1 be governed by sections 7.152 to 1,154 of this code.
~5 ~ Neither the duty of the owner to maintain the sidewalk and
driveway approach i n good repair and safe condition, nor l i obi 1 i ty for own-
er' s failure to do so i s dependent upon the notice from the city to recon-
struct or repair.
~ 6 ~ The owner shall defend and hot d harmless the city from al l
claims for loss or damage arising from the owner`s fay 1 ure to comply with
subsection 7,375~1~.
7.385 Building Construction -Sidewalk and Driveway Approach Permit
Req u ~ re .
~ 1 Concurrent with the issuance of a bus 1 di ng permit for the
constructs vn of a dwel 1 i ng or business structure or an addition to a dwel l-
ing or busyness structure, the value of which is $5,000,00 or more except
for structures within an industrial zone, the owner, builder or contractor
Ordinance ~- 41
to whom the building permit is issued shall obtain a sidewalk and driveway
approach constructs on permi t for the construction of a si dewal k and driveway
approach within the dedicated right-of-way for the ful 1 frontage i n which a
sidewalk i n goad repair does not exist, The sidewalk constructi an sha11 be
completed within the bui 1 di ng construction period or within one year after
the sidewalk permit i s issued, whichever i s the 1 esser,
~2 } The city engineer may i ssue a permi t and certificate al 1 owi ng
noncompliance with the provisions of subsection 1.385 ~1 } to the owner,
bui 1 der, or contractor when, i n his opinion, the construction of a si dewal k
is impractical for one or more of the following reasons:
ta} Sidewalk grades have not and cannot be established
for the property i n question wi thi n a reasonabl a period of
time.
~ b} Future instal 1 ati on of public uti 1 i ti es or street
paving would of necessity cause severe damage to existing
sidewalks,
~ c} Right--of~-way width i s insufficient to accommodate a
sidewalk an one or both sides of street.
~d} Topography or contours make the construction of a
sidewalk impractical,
fie} The noncompliance provided in subparagraphs ~a} and
fib} shall be temporary and shall cease to exist when grades are
established for sidewalks by the city engineer ar when public
utilities ar street paving have been constructed, The permit
shat 1 indicate the reason for its issuance.
~3} The denial of a certificate of noncompliance under subsection
7, 385 ~ 2 } may be appealed to the city manager or the manager's designee under
the procedures and time 1 i mi is provided i n section 3. QGO of this code .
~ 4 } I f a si dewal k i s not constructed within the time required by
this section, then the city may construct i t for the full street frontage i n
front of the property and proceed with the construction, assessment and col -
1 ec ti on s of costs as provided i n section 7,154.
7.405 Driveways -Prohibited Locati ons, S eci a1 Requirements and
Revocat~ on,
~ No driveway approach shat 1 be permitted to encompass a muni-
ci pal foci 1 i ty, Under the permit, the applicant may be authorized to re10-
cate a muni ci pa1 foci 1 i ty, including any within the 1 i mi is of a curb return
which may be encroached upon as allowed under subsection 7,4053}.
t2} At intersections driveway approaches shall be at least ~O
feet from the crosswalk at the curb line, or 14 feet from the projection of
the ,property 1 i ne on the intersecting street when the crosswalk i s not
defined,
4 3 } A map entitled "City of Eugene -Major Streets Requiring
Special Driveway Approach Control " shat 1 be maintained i n the department,
The map,and subsequent changes thereto shall be approved by the planning
comm~ss~on. All applications for driveway approaches on streets shown on the
map and all commercial and industrial land uses shall be reviewed by the
traffic engineer who may alter driveway approach requirements from standards
prove ded ~ n the s code, based on the fo11 owi ng:
~a} To maximize safety far vehicular traffic, or
{b} To provide adequate protection for pedestrians and
bicyclists; or
Ordinance - 4~
~ c} To provide protection for establishments using
streets far their service facilities.
The decision of the traffic engineer wi 11 be final unless appealed i n writing
within l0 days to the city manager. The city manager's decision shall be
final.
~4} The traffic engineer shall have the right, after due notice
to affected property owners and tenants, to alter and to revoke curb cut
permits when curb cuts are not constructed according to specification, are
not maintained in a safe manner, yr become hazardous due to traffic conges-
tion. The traffic engineer's decision to alter or to revoke curb cut per-
mits may be appealed in the same manner to the city manager as set out in
subsection 1.4053}.
7.410 Driveways -Curb Cut.
e engt o ri veway curb cuts shall not exceed the fol 1 ow-
ing dimensions:
~a} Each single ownership shall be entitled to a 20-foot
driveway curb cut.
fib} where a driveway curb cut or curb cuts in excess of 20
feet are requested for a si ngl a ownership, the maxi mum lengths
which the traffic engineer may approve are as follows:
Number of
Frontage Curb Cuts Total Length of Curb Cuts
40 ft, or less 1 20 feet
Over 40 ft, to 100 ft. 2 20 ft. + 50,°6 of frontage
over 40 ft.
Over 100 ft. to 200 ft. 3 50 ft. + 30°6 of frontage
over 100 ft.
Over 200 ft, to 300 ft. 4 80 ft. + 20~ of frontage
over 200 ft.
Over 300 ft, to 500 ft. 5 100 ft. + 10°6 of frontage
over 300 ft.
Over 500 ft. fi 120 ft, + 5~ of frantage
over 500 ft.
~ 2 } A safety island of not 1 ess than 22 feet of full height curb
shall in all cases be provided between driveway approaches under one awner-
shi p or where practicable under separate ownership.
~ 3 } The maxi mum length of a si ngl a curb cut shat ] not exceed 35
feet unless authorized by the city manager as provided i n section 7.445.
~4} ~n no event shall the curb cut extend beyond the property
line or rights of the owner requesting the curb cut, except in those cases
where:
~a} The adjacent property owner gives written approval, ar
~ b} In the opinion of the traffic engineer such a deci si on
is necessary for safe ingress and egress for the traveling public;
or,
~ c} Two attached si ngl e-~fami l y dwel 1 i ngs face the same
street with side by side parking, i n which event, a si ngl a curb
cut shall be required, and the praperty owners shall execute a
recordable agreement providing for the joint use of the curb cut.
Upon finding that a single curb cut would be impractical or
Ordinance - 43
unsafe, the traffic engineer may grant an exception to thi s
requirement,
~5} Upon application of the involved property owners, more than
one industrial development site may share a si ngi a curb cut i n I-1, I-2
and ~-3 zones, upon a fi ndi ng by the traffic engineer that i t wi 11 resin t
in safe ingress and egress for users thereof and the general public,
7.445 Construction i n Public Right-of-Way.
e c~ ty manager ~ s out ors zed to i ssue a permi t for an over-
sized curb cut or a revocable permit for construction or location of a
retaining wall , steps, terracing, plantings, planters, walkways and other
appurtenances to be i nstal I ed wi thi n a publ i c street right-of-way at the
property owner's risk and subject to the fol 1 owl ng conditions and requi ce-
ments.
~a} Adequate plans and specifications for the proposed
instal 1 ati on are submitted to the city engineer.
~ b} Candi ti ons approved by the city engineer shat I be
attached to and made a part of the application and plans.
~ c} That the structures comply with the applicable codes
or ordinances of the city with regard to structural safety,
sani tati an and fire safety requirements,
~d} That the requests be evaluated by the city engineer
i n regard to any adverse effect on adjoining properties.
~ e} That there be no interference with the use of the
public street for roadway, walkway, existing or proposed
uti 1 i ti es and other authorized uses,
t f } That said permit shat 1 be revocable by the city on
demand except in the case of oversize curb cuts.
4 g} Al I plantings shat 1 be first approved by the
director of parks and recreation.
~h} The form of permit shall be approved by the city
attorney.
~i} A fee for the permit shall be charged to the
applicant based on the same va] uati ons of the work to be
performed i n the public right-of~-way as specified for bui 1 di ng
permits under applicable ordinances.
~ j} The applicant shat 1 agree to the foregoing
conditions for the approval of said permit.
~ 2 } The city manager i s au thvri zed to permit special si dewal k
surfaces over and above those al 1 owed i n the standard specifications for
paving; provided, however:
~ a} The surfacing has been approved by the city engineer
from the standpoint of non-skid requirements,
~ b} Blocks, bricks, and other sidewalk materials are
imbedded to prevent rocking or differential settlement.
~ c} The surfacing wi 11 be maintained by and at the
expense of the abutting property owner,
~ d} ~ f the surfacing proves hazardous i n the api ni on of
the city engineer, the surfacing wi I l be replaced with material
either meeting city specifications or approval.
Ordinance - 44
7.450 Outdoor Cafes -Issuance of Permit.
e city manager, or the manager's designee, may issue a per-
mi t far an outdoor cafe al ~ owi ng the service of food or beverages within a
public right of way provided the fol 1 owi ng conditions are met:
~ a } The permit apps i cant pays an apps i cati on fee established
by the city manager;
~ b} The permit applicant assumes al ~ risks associated with
the use of the right of way;
~ c} The permit apps i cant obtains ~ i obi ~ i ty insurance i n a
form and amount determined by the city manager;
~ d} The permit applicant submits an application containing
the i nfarmati on required by the city manager;
~ e} The permit applicant lawfu] ly operates a restaurant ad-
jacent to the right of way for which the applicant seeks a permi t;
~ f} The owner of the restaurant property consents to issuance
of the permit;
~ g} The permit applicant demonstrates that the use of the
right of way wi 17 not interfere with existing utilities, pedes-
trian use of the right of way nor pose a hazard to vehicular
traffic. The permit applicant must demonstrate that, at a mi ni mum,
there will be an unobstructed pedestrian passageway through the
right of way of at least 5 feet i n width and that the use of the
right of way will be i n compliance with vision clearance provi -
sions of this code;
~h} The permit applicant obtains all other necessary state
and local permits;
~i} Tf the applicant seeks to use the right of way in front
of properties contiguous to the restaurant, the applicant demon-
strates that a restaurant i s a permi tted use for the contiguous
property and the owner of the Conti guaus property consents to the
issuance of the permit;
~j} The permit applicant demonstrates that the use of the
right of way will comply with all ordinances and codes of the city
Including but not limited to the structural safety, sanitation and
fire codes;
~ k} The permit applicant demonstrates that seating i n the
right of way will be provided for no more than 24 persons or, if
seating i s provided for a greater number that off-street parking
as required by Chapter 9 of this code i s provided i n a rati o of no
less than one parking space for each 4 seats over and above 20;
4l} The permit applicant demonstrates that the proposed use
of the right of way i s not inconsistent with the use for which the
right of way was dedicated to the city.
~2} No outdoor cafe permit shall be issued for premises located
within the mall as defined by section 4.871 of this code except by mal 1
activity permit issued pursuant to section 4. S77 of this code.
~3} If the permit applicant wishes to undertake construction in
the right of way i n conjunction with the operation of an outdoor cafe, the
permit applicant shall demonstrate compliance with section 7.445 ~ 1 } of thi s
code, but need not obtain a separate permit or pay a separate application
fee as required by that section.
Ordinance w 45
1.465 Off-Street Parking -Survey and Report. The development of an off-
street pub ~ c parks ng face 1 ~ ty shall be initiated by the council ,
either on its own motion ar an the petition of the owners of property com-
pri si ng more than one~ha1 f the area to benefit specially from the foci 1 i ty
excluding any area occupied by parking foci 1 i ti es deemed not benefited by
section 7.475. The coati on of the counci 1 shal 1 direct the city manager to
make a survey and written report on the project and file it with the finance
officer. Unless the counci 1 shall direct otherwise, the report shall con-
tain, when applicable, the following matters:
~ a} A map or plat showing the genera] nature, 1 ocati on
and extent of the proposed off-street parking foci 1 i ty and the
1 and to be assessed for the payment of the cost thereof .
fib} Plans, specifications and estimates of the work to
be done .
~c} An estimate of the probable cost of the improvement,
including 1 egal , administrative and engineering costs .
~ d} An estimate of the unit cost of the improvement tv the
specially benefited properties.
fie} A recommendation as to the method of assessment to be
used to arrive at a fai r apparti onment of the whole or a porti on
of the cost of the improvement to the properties special 1 y
benefited.
~ f ~ The description of each parcel of real property, or
portion thereof, to be specially benefited by said off-street
parking foci 1i ty, with the names of the record owners thereof
and, when readily available, the names of the contract purchasers
thereof .
fig} A statement of outstanding assessments against real
property to be assessed.
7, 4l5 Off-Street Parki ng w Resol uti on and Notice of Intention. After
the council shat have approved the city manager s report as sub-
mitted or modified, the counci] shall, by resolution, declare its intention
to make the off-street parking focility improvement, provide the manner and
method of carrying out the improvement and sha11 direct the finance officer
to give notice of the improvement by publishing in a newspaper of general
circulation i n the city, a noti ce of its intent to establish an off-street
motor vehi c1e parking foci 1 i ty. The notice shat 1 be published once a week
for two consecutive weeks making three publications in a11, and will also
be posted i n three public places i n the city for not less than two consecu-
ti ve weeks prior to said hearing,. A copy of the notice shat 1 be mai ] ed by
certified mai 1 to the record owner of each parcel of real property wi thi n
the boundaries proposed to be assessed, at the address of the record owner
as contained in the assessment records in the office of the assessor of the
county. In the event there is a purchaser under a land sale contract, the
land sale contract purchaser shall be deemed to be the owner. The notice
shall contain the fo1 ]owing information.
~a} Where filed. The report of the city manager is on file
i n the of f i ce o the finance officer and i s subject to publ i s
examination .
fib} Hearing. The council or the council's designee shall
hot d a publ i c hearing on the proposed off-street parking foci 1 i ty
improvement on a specified date, which shall not be earlier than
Ordinance - 46
14 days following the first publication of notice at which ob jec-
tions to the improvement shall be heard by the counci 1 or the
council's designee; and that if prior to the hearing there shall
be presented to the finance officer written objections by more
than vne half of the owners of property proposed to be assessed,
based either vn percentage of area or on the percentage of assessed
valuation within the proposed assessment and benefited area, then
the improvement will be abandoned for at least one year.
~c} Benefited property, A statement that a description of
the real property to be specially benef ~ ted by the improvement, the
owners of the property and the city manager's estimate of the uni t
cost for the improvement to be assessed against the property to be
specially benefited and the total cost of the improvement to be
paid for by special assessments to benefited properties is on file
and subject to public inspection in the office of the finance
officer.
~ d~ Private off-street arki ng facilities. Real property
within the benef ted area on whi ch there ~s located an off-street
parking facility operated as aprofit-making venture for the use
of the general public, as distinguished from a parki ng 1ot awned
or leased and operated primarily as a service and convenience for
customers of a parti cut ar business, for whi ch a charge i s made to
the public by the owner or operator thereof, shall not be deemed
benefited by the proposed off-street parking faci 1 i ty improvement
for which the hearing i s held. However, upon the subsequent
change of use of the exempted property so that the same i s not
used for an off-street parking faci 1 i ty operated as a profi t mak-
i ng venture for the use of the general public, as distinguished
from a parking lot awned or leased and operated primarily as a
service and convenience for customers of a particular business,
then the property may be assessed an equivalent assessment of its
proportionate share of the cast of the off-street parking facili-
ties in the manner provided in sections 7.504 and 7.545.
~e~ Equivalent assessments. Equivalent assessments on pre-
viously exempt real property sha11 be the product of the square
feet of the area previously exempt times the rate used to compute
the on gi na1 assessments times the ratio of the remaining 1 i fe of
the bands over the original life of the bond issue for a given
district. Funds received from the new assessments shall be re-
served by the city for the retirement of bonds issued to construct
the parking facility where the equivalent assessment is being
levied, ar the funds may be reserved far repayment of assessments
paid in cash in the district where the equivalent assessment is
levied, but in no event will the funds paid on the equivalent
assessment be used to reduce the original assessments among the
property owners in the district,
7.450 Off-Street Parking -Nearing; Council Decision. At the time of
t e pu ~ c ears ng, or upon t e counc~ l s revs ew of the hearing
record when the hearing is conducted by the council's designee, on the pro-
posed improvement, i f the written objections shall represent less than the
amount of real property required to defeat the proposed improvement, on the
basis of the hearing of written and oral objections, i f any, the counci 1 may,
Ordinance - 47
by moti an, at the time of the hearing or at a ti me thereafter, order the
improvement to be carried out in accordance with an ordinance providing
therefor, or the council may, on its own motion, abandon the improvement.
1.500 Off-Street Parking -Notice of Proposed Assessment. Before levy-
~ng an assessment for an off-street parking fac~l~ty the council
shall cause the finance officer to mail to each real property awner affected
by the proposed assessment a noti ce which shall designate the location of
the off-street parking facility for which an assessment i s to be made, a
description of each parcel of real property proposed to be assessed with the
name of the owner thereof and the address of the owner as shown on the
assessment records of the assessor of the county and the amount of the
assessment. The notice shall specify the time and place, when and where the
council or designee wi 1 l meet to hear the objections to the proposed assess-
ment, and shat i request the property owners interested to be present at the
time and place to make their objection to the proposed assessment, i f any.
The notice shall be sent by certified mai 1 to each property awner affected
by the proposed assessment at the address above indicated, not less than ten
days prior to the time when the ordinance levying the assessment shall be
considered by the council . A copy of the notice shall be 1 i kewi se posted
by the finance officer on the bul ] eti n board at the city hall .
7.505 Off-Street Parking -Assessment Ordinance. After the public hear-
s ng on t e propose improvement an a ter the council has moved to
proceed with the improvement, and after giving notice of the proposed assess-
ment as provided i n section 7, 500, i t may pass an ordinance assessing the
various parcels of real property to be specially benefited with their appor-
tioned share of the cast of the improvement but the passage of the assess-
ment ordinance may be delayed unti 1 the contract for the work i s let, ar
unti 1 the improvement i s completed and the total cost thereof i s determined.
7,524 Off-Street Parking -Notice of Actual Assessment. Within ten days
after the ordnance levying assessments has been passed, the finance
officer shall send by registered ar certified mai l a nati ce of assessment to
the record owners of the assessed real property. The notice of assessment
shall state the date of the assessment ordinance and that on the fai 1 ure of
the owner of the property assessed to pay the assessment within ten days the
assessment shall become a lien against the assessed property, Failure of
the owner to make application for payment in installments under the Bancroft
Bonding Act within ten days of the notice or to pay the assessment i n ful 1
within 60 days from the date of enter? ng the assessment on the city 1 i en
docket records, shall subject the 7 i en to foreclosure . The notice shall
further set forth a descri pti on of the property assessed, the name of the
owner of the property and the amount of each assessment. Interest shall be
paid on all assessments from the date of entry of the assessment on the
city 1 i en docket records.
7.525 Off-Street Parking ~- Semiannual Installment Payments. The council
shall set forth ~n the assessment ordnance the schedule of install-
ment payments far which the property owner may make application and agree to
4rdi Hance - 4S
pay the assessment, with interest at the rate then authorized by section
2,422 of this code for unpaid assessments, The application shall also con
tai n a statement by 1 ots or b1 ocks, or other convenient description of the
real property of the applicant assessed far the improvement.
1.534 Off-Street Parking -Lien Records and Foreclosure Proceedings.
ter passage o t e assessment or ~nance y t e counci t o
finance aff i cer sha11 enter i n the docket of city 1 i ens a statement of the
amounts assessed on each parcel of real property, together with a descrip-
tion of the improvement, the name of the record owner and the date of the
assessment ordinance. Upon entry in the lien docket, the amounts entered
shall become a lien and charge on the respective parcels which have been
assessed for the improvement. A11 assessment liens shall be superior and
prior to al 1 other 1 i ens or encumbrances on property insofar as the 1 aws of
the state permit. Interest steal 1 be charged at the rate then authorized by
section 2.022 of this code unti 1 paid on all amounts not paid within ten
days from the date of the assessment ordinance. After expiration of 64
days from the date of the assessment ordinance, the city may proceed to
foreclose or enforce collection of the assessment liens in the manner pro-
vided by the general law of the state, or as provided in the charter or
ordinances of the city; provided, however, that the city may, at the di scre-
ti on of the city manager or the manager's designee, enter a bid for the
property being offered at a forecl osure sale, which bid sha11 be prior to
al 1 bids except those made by persons who would be entitled under the 1 aws
of the state to redeem the property,
7.535 Off-Street Parking -Errors i n Assessment Cal cut ati ons. C1 a7 med
errors ~n the calcula taon of assessments shall be called to the
attention of the finance officer, who steal 1 determine whether there has been
an error in fact. If the finance officer shall find that there has been an
error in fact, he sha11 recommend to the council an amendment to the assess-
ment ordinance to correct the error, Upon enactment of the amendment, the
finance affi cer sha11 make the necessary correction i n the docket of city
liens and send a correct notice of assessment by certified mail.
7.540 Off Street Parking -Deficit Assessments. In the event that an
assessment ~s made before the tota cost of the improvement is
ascertained and the amount of the assessment i s insufficient to defray the
expenses of the improvement, the counci 1 may, by motion, declare the def i ci t
and:
~a~ Determine that the cost of preparing a proposed deficit
assessment does not justify proceeding under paragraph ~ b~ of thi s
section and authorize the expenditure of city funds to pay the
deficit; or
~ b~ Prepare a proposed deficit assessment,
The counci 1 sha11 set a time for the counci 1 or its designee to hear ob jec-
tions to the deficit assessment and sha11 direct the finance officer to
notify the owners of each parcel of real property to be assessed, as provided
in section 1.540. After considering evidence and argument presented at the
hearing, the counci 1 shall make a just and equitable assessment by ordinance,
which steal 1 be entered i n the docket of city 1 i ens as provided by section
Ordinance - 49
7.530, Notice of the assessment sham be sent to the owner and collection
of the assessment shat 1 be made i n accordance with section ?.530,
7,541 Off-Street Parking - Excess Assessments. If assessments are made
on t e asp s o estimate cost, an upon completion of the improve-
ment the cost i s found to be 1 ess than the estimated cost, the excess amount
shad be entered on the lien docket as a credit on the appropriate assess-
ment and shall be apportioned and credited to the owners of the assessed
property on the same basis as the original assessment, I n the event that
any assessment has been paid in full, the owner of the assessed property at
the time the counci 1 declares the excess shall be poi d a cash refund of
their proportionate share of the excess amount.
7,550 Off-Street Parking w Abandonment of Proceedings. The council shall
have ful power and authority to abandon and rescind proceedings
for ~ mprovements made under sects ons 7.465 to 7.565 at any time prior to the
final completion of the improvements. If liens have been assessed on real
property under the procedure, they shall be cancelled, and payments made an
the assessments shall be refunded to the owner~s~ of the property at the
time the council abandons or rescinds the proceedings.
7,555 Off-Street Parking - Oura tive Provisions. No improvement assess-
ment s a be ren ere ~ nval ~ d by reason of a fai 1 ure of the city
manager's report to contain al 1 of the information required by section 7.465
or by reason of a fai 1 ure to have al 1 of the information required to be i n
the improvement ordinance, the assessment ordinance, the lien docket or
notices required to be published and mailed, nor by the failure to list the
Warne of, or mai 1 nati ce to, the record owner of real property as required by
sections 7.465 to 7.565, or by reason of any other error, mistake, delay,
omission, irregularity, or other act, jurisdictional or atherwi se, i n any of
the proceedings or steps specified, unless it appears that the assessment is
unfair or unjust in its effect upon the person complaining. The council
shall have the power and authority to remedy and correct al 1 matters by sui t-
able action and proceedings,
1,560 Off-Street Parking -~ Reassessment. ~Ihenever an assessment,
de ~c~t assessment or reassessment for an improvement which has
been made by the city has been, or shall be, set aside, annulled, declared
or rendered void, or its enforcement restrained by a court of competent jur-
i sdi cti on, or when the counci 1 shat 1 be i n doubt as to the validity of the
assessment, deficit assessment, or reassessment, or a part thereof, then the
council may make a reassessment in the manner provided by the laws of the
state, provided, however, that the counci 1 or its designee may conduct any
hearings as provided in sections 7.480 and 7.500.
Ordinance - 50
Trees and Foliage i n Right-Of-Way
7.635 Foliage -Permit to Plant.
No person shall plant, or allow to be planted in a public
right-of-way, pedestrian right-of-way, or pedestrian easement, a tree,
shrub, or plant without obtaining a permit at least ten days prior thereto.
~2} The city manager, yr the manager's designee, shall approve
the type, 1 ocati on, spacing, and number of trees, shrubs or plants prior to
issuance of the permit.
~3} A permit shall not be required hereunder for the plantin
g
of any flowering,or fruit bearing plant, other than a tree, that does not
v~ of ate the requ~ rements of subsections 6.410 ~ i } and ~ j } of this code.
7.650 Foliage -Trimming, Pruning or Removal. All trees, shrubs, plants
an vegetate on grows ng within or projecting i nta the right-of-way
of a street, avenue, highway, alley, pedestrian right-of-way or pedestrian
easement, may be trimmed, pruned or removed at any time by the city, or the
city may require the person responsible to abate any existing nuisance under
chapter 6 of this code.
7.990 Penalties - Specific, violation of any section in this chapter
~s puns a e y one not to exceed $504.00.
Section 5. Subsection ~2} of Section 8.519 of the Eugene Code, 1971,
is amended to provide:
8.579 Oregon Plumbing Specialty Code - Amendments. The Oregon Plumbing
Sped a ty Co e ~ s hereby amended as fal 1 ows
~ 2 } Section 303, subsections ~ c} and ~ d} - Sewer Required, are
amended or added as follows:
~ c} Every bui 1 di ng within the city i n which plumbing fixtures
are installed shall be required to be connected to the public sani-
tary sewer system as provided i n section 6.070 of this code .
~d} No person shall connect a sewer or drain pipe directly
to a sewer 1 i ne designated as a main trunk sewer. The city
engineer shat l determine and establish classification of these
main trunk 1 i ne sewers i nta which no connection wi 11 be al 1 owed.
Property that has not been assessed fora direct benefit of a
trunk 1 i ne shat 1 also be excluded from the uti 1 i zati on of thi s
line for the purpose of attaching building drains. Property
having been assessed for a direct benefit of a sewer classified
as a main trunk sewer by the city engineer shat l be granted the
r~ ght to hook up; prav~ ded no other lateral service i s oval l abl e
to the property. Before any person shall be permitted to connect
a sewer directly with the main trunk l i ne sewer, the person shat 1
first pay to the city the fee required by resolution of the
council for permission to connect. ~f, after due consideration
Ordinance - 51
the administrative authority deems i t proper that the connection
be made, he shall grant permission, and the sewer connection
shat ~ be made and i nstal ~ ed under the direction of the
administrative authority and in no other manner.
Section 6. The City Recorder i s hereby authorized, upon first receiving
the concurrence of the City Attorney's Office, to administratively correct
any references contained elsewhere in the Eugene Code, 1971 to sections that
have been amended, repealed, or renumbered in this Ordinance.
Section 7. That the matters contained herein concern the public health,
welfare and safety, and therefore, an emergency is hereby declared to exist,
and the provisions herein which are not subject to the limitations imposed
by Sections 37 and 38 of the Eugene Charter of 1976 shall become effective
immediately upon the passage of this Ordinance by the Council and approval
by the Mayor. Those provisions hereof which are subject to the limitations
of Sections 37 and 38 of the Eugene Charter of 1976 shall become effective
six months after the date this Ordinance i s adopted by the Counci 1 and
approved by the Mayor.
Passed by the City Council thi s
28th day of July, 1986
/La~c..Q,t, ~-C.
Cit Recorder
Ordinance - 52
Approved by the Mayor thi s
CITY OF EUGENE
INTER-DEPARTMENTAL MEMORANDUM
CITY ATTORNEY -CIVIL DEPARTMENT
To: Warren Wong - City Recorder Date: 12/24/86
Subject: Administrative Correction to E.C. ~ 7.175 ~ 4 } ~ d} , ~ 7.210 ~ f }
and ~ 7.210 fig}
Sections 7.17 5 ~ 4 } ~ d} , 7.210 ~ f } and 7.210 ~ g } as amended in
ordinance No, 19393 adapted by the Council and approved by the
Mayor on July 28, 1986, contained scrivener's errors. The
paragraph labeled ~ d} in Subsectio~~ 7.175 ~ 4 } was intended to be
~c} . The reference in Subsection 7.210 ~ f } to Subsection 7.197 ~ 3 }
was intended to be a reference to Subsection 7.1974}. The
reference in Subsection 7.210~g} to Subsection 7, 1974} was
intended to be a reference to Subsection 7.1975},
Pursuant to the authority of Section 6 of ordinance No.
19393, you are requested to correct the reference in the original
ordinance, any copies in your possession, and the on-line version
if it has been programmed.
me.
If you have any questions, please do not hesitate to contact
Very truly yours,
HARRANG, LONG, WATKINS4N & ARNOLD, P.C.
CITY ATTORNEYS
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