HomeMy WebLinkAboutAdmin Order 53-98-11
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APMINISTRATJVE ORDER NO. 53-98-11
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Deputy Director
Planning & Development Department
City of Eugene, Oregon
Delegating Authority to Enforce Portions of Section 4.816 of the Eugene
Code, 1971 to the Division Manager of the Building & Permit Services
Division of the Planning & Development Department.
The Deputy Director of the Planning & Development Department 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. Pursuant to that authority, on October _, 1998 the City Manager issued
Administrative Order No. 53-98-10 , delegating to the Deputy Director of the City's
Planning & Development Department authority to investigate and enforce the provisions
of Section 4.816 of the Eugene Code, 1971 relating to overnight sleeping on private
property. The delegation included authority to institute abatement proceedings and/or to
impose civil administrative penalties for violations thereof.
C. Administrative Order No. 53-98-10 specifically authorized me to in turn
delegate any of those duties or responsibilities upon finding it would be more efficient and
in the public interest to do so.
D. The Building & Permit Services Division nuisance and zoning work unit
currently enforces other nuisance provisions of the Eugene Code, 1971, and the Building
& Permit Services Division Manager should be authorized to investigate and enforce the
provisions of Section 4.816 of the Eugene Code, 1971 relating to overnight sleeping on
private property.
NOW, THEREFORE,
THE DEPUTY DIRECTOR OF THE PLANNING & DEVELOPMENT DEPARTMENT
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
Administrative Order - 1
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respect to overnight sleeping on private property, including institution of abatement
proceedings and/or the imposition of a civil administrative penalty for violations thereof,
delegated to me by Administrative Order No. 53-98-10 of the City Manager, is hereby
delegated to the Division Manager of the City's Planning & Development Department
Building & Permit Services Division.
2. The delegations of authority contained herein shall be construed to extend
to and include any person(s) "acting in capacity" (AIC), and any persons authorized by the
Division Manager to perform the delegated authority.
3. 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.
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Dated and effective this ~ day ou)~tober, 1998.
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L."f3 Deputy Director
Planning & Development Department
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