HomeMy WebLinkAboutAdmin Order 44-11-02ADMINISTRATIVE ORDER NO. 44-11-02
of the City Manager
City of Eugene, Oregon
AMENDMENT OF THE LIEN COLLECTION ANDIOR LIEN
FORECLOSURE PROCEDURES AND REPEAL OF ADMINISTRATIVE
ORDER NO. 44-00-01,
The City Manager of the City of Eugene finds that:
A. Under the provisions of Chapter IV, Section 16 of the Eugene Charter of 2002,
the City Manager is designated as the administrative head of the City, specifically authorized to
appoint, remove, and direct all employees (except as otherwise provided in the Charter), and to
enforce all ordinances of the City.
B, Certain provisions of the Eugene Code, 1971 ( "the Code "), and Administrative
Rules issued thereunder authorize the imposition of administrative civil penalties that become
liens upon the property if they remain unpaid, as do costs incurred by the City in abating
nuisances on private property. Such liens may be foreclosed by the City as provided in Sections
2.540 to 2.547 of the Code, and are in addition to, and separate from foreclosures for assessments
and Systems Development Charges contractual matters.
C. on March 17, 2000, Administrative order No. 44 -00 -01 was issued establishing
procedures intended to ensure that foreclosure of liens for nonpayment of administrative civil
penalties and abatement of costs be processed in a uniform manner that would discourage
repeated violations.
D. At times, it makes sense that foreclosure proceedings not be initiated due to
financial or other circumstances. Therefore;:: it: is necessary to amend the lien collection and/or
lien foreclosure procedures to grant the Executive Director of Central Services the decision
making authority to not proceed with foreclosures after considering the criteria for compromising
claims set out in Section 2.582(4 )of the Code. Nothing in these amended procedures allows the
Executive Director of Central Services to compromise a claim for civil penalties pursuant to
Section 2.582 of the Code.
Now, therefore,
The City Manager of the City of Eugene Orders that, based on the above findings
which are adopted, Administrative order No. 44- 00--01 is repealed, and the procedures for the
foreclosure of liens for nonpayment of administrative civil penalties and abatement costs set out
below are adopted as of the effective date of this order.
LIEN COLLECTION ANDIOR LIEN FORECLOSURE PROCEDURES
11 Foreclosure proceedings shall be initiated when a lien or accumulated liens for
unpaid civil penalties and/or abatement costs total $10,000 or more. Any time payment is made
Administrative order No. 44-09 --06 - Page 1 of 2
and the foreclosure proceedings are stopped, if violations continue that result in liens being
recorded against the same property, foreclosure proceedings shall be initiated in accordance with
the following reduced accumulated lien threshold:
1.1 Upon the subsequent accrual of $5,000 of unpaid liens;
1.2 Upon the third accrual of $2,500 of unpaid liens;
1.3 Upon the fourth accrual of $1,250 of unpaid liens; and
1.4 Upon the fifth and subsequent accrual of $625 of unpaid liens.
2. For purposes of determining the threshold at which foreclosure proceedings are to
commence under Subsection 1 above, the liens must be recorded against the same property, and
prior foreclosure proceedings stopped by payment of amounts due.
3. Foreclosure of liens for civil administrative penalties and/or abatement costs
instituted prior to the effective date of this order shall be included in determining the threshold at
which foreclosure proceedings are to commence under Subsection 1 above.
4. Commencing with its effective date, City personnel shall follow the procedures
established in this order in the collection and foreclosure of liens for civil administrative
penalties and/or abatement costs.
S. Notwithstanding the procedures set forth in this order, the Executive Director of
Central Services is granted the authority to not initiate foreclosure proceedings after having
considered the criteria for compromising claims set out in Section 2.582(4) of the Code.
Dated and effective this day of �✓� ✓�� 9 2011.
Jon R. Ruiz
City Manager
Manager
Administrative order No. 44- -09-06 - Page 2 of 2