HomeMy WebLinkAboutAdmin Order 53-98-10
ADMINISTRATIVE ORDER NO. 53-98-10
of the
City Manager
City of Eugene, Oregon
Delegating Authority to Enforce Portions of Section 4.816 of the Eugene
Code, 1971 to the Deputy Director of the Planning & Development
Department.
The City Manager of the City of Eugene finds that:
A. Under the provisions of Chapter IV, Section 16 of the Eugene Charter of
1976, the City Manager is designated as the administrative head of the City, and is
specifically authorized to appoint and remove all employees (except as otherwise provided
in the Charter), and to enforce all ordinances of the City.
B. Subsection (1)(c) of Section 4.816 of the Eugene Code, 1971 provides that
not more than one family may sleep overnight in the back yard, or in the alternative, not
more than one family may sleep overnight in a vehicle parked in the driveway of a single
family residence in a residential zoning district with permission of the owner and tenant of
the residence. The subsection provides that not more than one tent or camping shelter
may be used for sleeping in the back yard, and further defines "family" to mean persons
related by blood or marriage, or no more than three unrelated adults.
C. Subsection (3) of Section 4.816 of the Eugene Code, 1971 requires that a
tenant or owner allowing persons to sleep overnight in a back yard or driveway must
provide or make available sanitary facilities for the use of the persons; shall not require
payment of any fee, rent or other monetary charge; and may revoke the permission to
sleep in the back yard or driveway at any time and for any reason. The persons to whom
permission to sleep overnight has been granted must leave immediately upon revocation
of permission.
D. Under Subsection (4) of Section 4.816, any campsite used for overnight
sleeping in a manner not authorized as noted above is declared to constitute a nuisance,
and is subject to abatement. Subsection (7) of Section 4.990 further authorizes the
imposition of a civil administrative penalty in an amount not to exceed $100 for each day
the violation continues against any person who violates Section 4.816, or permits a
violation to occur on the person's property.
E. The Nuisance and Zoning work unit of the Planning & Development
Department investigates and enforces other nuisance provisions of the Eugene Code,
1971, and it would be more efficient and in the public interest to delegate authority to
enforce the provisions of Section 4.816 of the Eugene Code, 1971 relating to overnight
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sleeping on private property as set forth above to the Deputy Director of the Planning &
Development Department.
F. . The Deputy Director of the Planning & Development Department should also
be specifically authorized to delegate all or any of the duties or responsibilities delegated
herein upon a determination it would be more efficient and in the public interest to do so.
NOW, THEREFORE,
THE CITY MANAGER OF THE CITY OF EUGENE ORDERS AND DIRECTS THAT:
1. Based on the above findings, which are hereby adopted, the authority to
investigate and enforce the provisions of Section 4.816 of the Eugene Code, 1971 with
respect to overnight sleeping on private property, including institution of abatement
proceedings and/or the imposition of a civil administrative penalty for violations thereof, is
hereby delegated to the Deputy Director of the City's Planning & Development Department.
2. The Deputy Director of the City's Planning & Development Department may
in turn delegate any of the duties or responsibilities delegated herein to such person or
persons qualified to perform the delegated duties upon finding it would be more efficient
and in the public interest to do so.
3. The delegations of authority contained herein shall be construed to extend
to and include any person(s) "acting in capacity" (AIC).
4. Nothing contained herein shall be construed to delegate authority to make
arrests, issue citations, or in any way impair or curtail the authority of a peace officer to
enforce any of the provisions of Section 4.816 of the Eugene Code, 1971.
I ~ Nwr.
Dated and effective this ~ day of Qctol3011 1998.
-m)l(. ~R- JfL-
James R. Johnson
City Manager
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