HomeMy WebLinkAboutAdmin Order 31-03-02-F ADMINISTRATIVE ORDER NO. 31-03-02-F
of the
City Manager of the City of Eugene
ADOPTION OF ADMINISTRATIVE RULE R-4.808 ~
PROCEDURES FOR POSTING OF PROPERTY AS NOT FIT
FOR USE UNDER ORS 453.876 AND FOR APPEALS
THEREFROM.
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 and is granted the exclusive
authority to appoint department heads and employees (except as otherwise provided in the Charter),
and to assign the duties of administrative employees. In conformity therewith, the City Manager has
appointed a Police Chief and a Fire Chief and delegated duties and responsibilities to each.
B. Section 2.019 of the Eugene Code, 1971, further authorizes the City Manager to adopt
rules and regulations necessary for the administration or enforcement of provisions of the Eugene
Code, 1971. Pursuant to that authority~ on May 23, 2003~ I issued Administrative Order No. 31-03-
02 proposing the adoption of procedures for determination that a property is not fit for use pursuant
to ORS 453.876, and that would afford affected property owners an opportunity to request a hearing
when such determinations occur.
C. Notice of the proposed amendments was published in the Register Guard for five
consecutive days, on May 27, 28, 29, 30 and 31, 2003, and made a:vailable fbr inspection by
interested persons at the office of the Chief of Police, 777 Pearl Street, Eugene, Oregon 97401 during
normal business hours (8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of holidays).
C. The Notice provided that interested persons could submit written comments for a
period of 15 days from the first date of publication. No comments were received within the time or
in the manner required by the Notice.
Based upon the above findings, which are hereby adopted, and pursuant to the authority
contained in Section 2.019 of the Eugene Code, 1971, I hereby adopt Administrative Rule R-
4.808 as follows:
Iltl
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Administrative Rule R-4.808 -Procedures for Posting of
Property as Not Fit for Use Under ORS 453.876 and for
Appeals Therefrom,
R-4.808-A Definitions. As used herein, the following words and phrases mean:
Controlled substance does not include marijuana.
Illegal chug manufacturing site is any property on which there is a reasonably clear
possibility of contamination with chemicals associated with the manufacturing of
controlled substances and where activity involving the unauthorized manufacture
of a controlled substance in Schedules I and II under the federal Controlled
Substances Act, 21 U.S.C. §§ 811 to 812, as amended by the Board of Pharmacy
pursuant to ORS 475.035, and set out in OAR 855-080-0021 through 855-080-
0022~ or any precursor chemical for such substances occurs; or wherein are kept,
stored or located any of the devices, equipment, things or substances used for the
unauthorized manufacture of a controlled substance listed on Schedules I and H.
R-4.808-B Determination that Property is not Fit for Use.
The Police Chief, Fire Chief, or their designees, may determine that a property is not fit
for use pursuant to ORS 453.876 and may make that determination on site. The determination is
effective immediately and renders the property not fit for use.
R-4.808-C Appeal.
1. The owner whose property has been deten?ained by the City to be not fit for use
pursuant to this Rule, may appeal that determination in the manner set forth in this Rule.
The appeal shall be filed with the Municipal Court of the City within 30 working
days after the determination, and shall be accompanied by the appeal fee as established by the
City Manager under Section 2.020 of the Eugene Code, 1971.
3. The question on appeal is limited to whether the site is an illegal drug
manufacturing site.
4. The appeal shall be heard by a Municipal Court judge, and the determination of
the City that the property is not fit for use shall be affirmed if the Municipal Court judge finds
that the City has established by a preponderance of the evidence that it had reasonable grounds to
believe that the property has been used as an illegal drug manufacturing site.
5. Notwithstanding a finding by the Municipal Court judge that a property was an
illegal drug manufacturing site at the time of the determination, if, at the time of the hearing, the
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owner proves, by a preponderance of the evidence, that the property is certified as being fit for
use as provided under ORS 453.885~ the Municipal Court judge shall issue an order reversing the
City's determination.
The decision of the Municipal Court judge is a final determination of the a~ppeak
Dennis M. Taylor
City Manager
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APPEAL OF DETERMINATION THAT PROPERTY IS NOT FIT FOR USE
Case No.
Applicant Name:
Address of Property Determined Not F~t For Use:
Date of City' s Determination Not F~t for Use:
I am the [] property owner, [] duly authorized agent of the property owner (explmn)'
I appeal the determination that the above property is not fit for use. I rnake this request within thlrts~ (30)
working days from the date of the City's determination.
The grounds for my appeal are as follows:
This appeal form, together with the appeal fee, must be presented in person to Eugene Mumc~pal Court, 777
Pearl Street, #104, Eugene, Oregon, during regular business hours ( 7:45 a.m. to 5:00 p.m. Monday through
Friday, exclusive of hohdays). All heanngs will be conducted at the Eugene Mumc~pal Court.
Dated: Pnnted Name:
Address (If different than above):
Telephone:
S~gnature:
For Office Use Only
Date Received by Munlc~pal Court Employee Imtmls
Fee Paid:
HEARiNG DATE TIME: AM/PM
JUDGE:
Date/Time C~ty Prosecutor Notified: [] phone [] U.S. Marl [] email [] in person
Date/Time Requestor Notified: [] phone [] U.S. Mall [] emall [] in person
01/03