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HomeMy WebLinkAboutOrdinance No. 20301 ORDINANCE NO. 20301 AN ORDINANCE EFFECTING HOUSEKEEPING AMENDMENTS TO SECTIONS 2.007, 2.017, 2.965, 3.483, 4.083, 4.989, 6.340, 6.406, 6.476, 6.610, 7.197 8.305, AND 8.950 OF THE EUGENE CODE, 1971; AND REPEALING SECTIONS 2.016, 2.290, AND 6.065 OF THAT CODE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 2.007 of the Eugene Code, 1971, is amended to pi:ovide: 2.O07 City (1) (2) (3) Council - Meetings. Regular meetings of the city council shall be held on the dates and at the times established by the council groundrules. The mayor may, or at the request of three councilors, shall, call a special meeting of the council. The council groundrules shall provide for the manner of public notice to be given of the time and place for holding meetings of the council and of the boards, committees, commissions and subcommittees of the city, which shall be in compliance with the Oregon public meeting law. (4) The council shall hold at least one public hearing prior to taking final action on any ordinance, except where a hearing has been held under Section 7.187, of the Eugene Code, 1971. (5) Prior to invoking the forfeiture provision of section 23 of the Eugene Charter of 2002, the council shall cause written notice of its intent to act to be served upon the affected councilor. (6) The council shall adopt council groundrules that include, but are not limited to: (a) Rules of procedure governing the conduct of all meetings of the council or of any committee appointed by it as set forth in Robert's Rules of Order Revised and the quasi-judicial procedures of this code. (b)The dates and times of its meetings. (c)The content and order of agendas. (d) Requirements for public hearings other than those specified in the Eugene Charter of 2002, this code or state law. (7) The council groundrules shall provide for the taking of written minutes of all its meetings in accordance with the public meeting law. (8) No council meeting shall be held at any place where discrimination on the basis of race, creed, color, sex, age or national origin is practiced. However, the fact that organizations with restricted membership hold meetings at the place shall not restrict its use by the council if use of the place by a restricted membership organization is not the primary purpose of the place or its predominate use. Meetings do not include any on-site inspection of any project or program, or the attendance of councilors at any national, regional or state association to which the city Ordinance- ! (9) or the councilors belong. Meetings of city boards, committees, commissions or subcommittees shall be governed by the foregoing provisions. Section 2. Section 2.016 of the Eugene Code, 1971, is repealed. Section 3. Section 2.107 of the Eugene Code, 1971, is amended to provide: 2.017 City Manaqer - Acceptance of Real Property Acquisitions. In addition to the city manager's authority under the Eugene Charter of 2002 to accept the transfer of title to or interest in real property on behalf of the city when that transfer is contemplated by adopted budgets, plans or policies of the city, the city manager or designee is authorized to accept real property upon a determination that acceptance of the property interest is in the public interest and acceptance does not create an ongoing financial obligation to the city. Section 4. Section 2.290 of the Eugene Code, 1971, is repealed. Section 5. Section 2.965 of the Eugene Code, 1971, is amended to provide: 2.965 Elections - Residency. A candidate for a city office must be a legal elector under the laws and constitution of the state and must have been a resident of the city for at least one year immediately preceding the election that results in election to the office, and shall maintain his or her residence within the city and the area he or she seeks to represent at the time of nomination and throughout his or her term of office if elected. Removal of an officer's residence from the city or from the area he or she represents shall create a vacancy in the office for which elected, to be filled in the manner other vacancies in that office are filled. If a councilor or candidate has more than one residence, then the requirements of this section apply to the principal place of residency, which is the residence where the person spends more than 50% of the time. Section 6. Section 3.483 of the Eugene Code, 1971, is amended to provide: 3.483 Refunds. Refunds will be made pursuant to applicable refund provisions of Chapter 319 of the Oregon Revised Statutes. Claim forms for refunds may be obtained from the Tax Administrator's office. Section 7. Subsection (j) of Section 4.083 of the Eugene Code, 1971, is amended to provide: 4.083 Noise Disturbance - Specific Prohibitions. Unless exempted by section 4.084 of this code, the following acts are declared to be noise disturbances; however this enumeration shall not be deemed an exclusive list of the violations of section 4.080(2) or section 4.081 of this code, nor shall the Ordinance - 2 recitation of specific prohibitions below be deemed the exclusive and entire listing of unlawful noise disturbances for each subcategory: (J) Other. Any sound source exceeding the standards set out in section 9.2530(20) of this code and not otherwise exempt therefrom. Section 8. Subsections (2) and (3) of Section 4.989 of the Eugene Code, 1971, are amended to provide: 4.989 Used Merchandise Dealer - Requirements. (2) A used merchandise dealer shall: (a) Record at the time of purchase an accurate description of each article purchased by the dealer and the proper identification of the person from whom the purchase was made; (b) Record all purchases made by the dealer in type or ink and in duplicate on forms obtained from the city, and have a copy of each record available for regular pick-up by the city; (c) Maintain records in an orderly manner at his/her place of business; (d) Make all records and all articles purchased available for inspection by the city upon request; (e) Segregate articles purchased by the dealer to permit their identification from the records kept. (f) Comply with all applicable federal, state, and local laws and regulations. (3) A used merchandise dealer shall not: (a) Alter, sell or dispose of any property purchased by the dealer for seven days after the date of purchase during which the dealer is open for business to the public; (b) Sell, exchange, dismantle, alter in any manner, or otherwise dispose of articles purchased by the dealer when prohibited from doing so by the city in writing, and until notified otherwise by the city in writing; (c) Purchase from a person under the age of 18 years unaccompanied by a parent or guardian; (d) Purchase from a person who is incapacitated as defined by ORS 126.003(4) or who is under the influence of drugs or intoxicating liquor; (e) Purchase property which has had its serial number obliterated, defaced, removed or otherwise altered. Section 9. Section 6.065 of the Eugene Code, 1971, is repealed. Section 10. Subsection (f) of the definition of "Release" set forth in Section 6.340 of the Eugene Code, 1971, is amended to provide: 6.340 Hazardous Substance - Definitions. For purposes of sections 6.345 to 6.380, the following words and phrases mean: Ordinance Release. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment including the abandonment or discarding of barrels, containers, underground storage tanks and other closed receptacles containing any hazardous substance, or threat thereof, but excludes: (f) Application of pesticides as defined by ORS Chapter 634, when such application is made within the provision of applicable state and federal regulations; Section 11. The definitions of "Regional wastewater treatment service" and "Transient rooms, motels, hotels, and student quarters" set forth in Section 6.406 of the Eugene Code, 1971, are amended to provide: 6.406 Definitions. For purposes of sections 6.401 through 6.645, unless the context requires otherwise words and phrases shall have the meaning ascribed to them. In interpreting the meaning of words in a definition, other definitions of that word in this Code may be considered: Regional wastewater treatment service. The services provided to the city by the Metropolitan Wastewater Management Commission or its successor for the transportation, treatment and disposal of wastewater. Transient rooms, motels, hotels, and student quarters. A building or portion thereof containing four or more sleeping rooms customarily occupied as a more or less temporary sleeping place for persons for which compensation is paid. "Student quarters" include but are not limited to a dwelling unit consisting of four or more rooms used for both living and sleeping purposes designed around a core kitchen and intended primarily for occupancy by unrelated individuals, whether or not the unit is occupied by students. Section 12. Subsection (1) of Section 6.476 of the Eugene Code, 1971, is amended to provide: 6.476 Property Served by Existinq Wastewater Sewers - Equivalent Assessment. (1) The owners of all real property lying within 160 feet of a city wastewater sewer, which can be served by an already installed city sewer line and which has not paid a local improvement assessment for the wastewater sewer to which connection is to be made shall pay to the finance officer an equivalent assessment and any other fees required by the city before connecting to the wastewater sewer. If the property has delinquent local improvement assessments against it, before issuing the sewer connection permit, all delinquent assessments shall be brought current. The equivalent assessment shall be determined by the city engineer, taking into account the city policy that each parcel of real property shall pay at least for an eight inch lateral sewer system, based Ordinance - 4 on the greater of the cost of constructing the wastewater sewer to which connection is proposed or the cost at the time of connection of local improvement assessments for similar wastewater sewers. As used in this subsection "cost" includes the expenses identified in section 7.170. The total equivalent assessment shall be reduced by any principal payment received on a local improvement assessment levied against the property for a wastewater sewer. Within ten days of that determination any person aggrieved by the city engineer's determination may submit a written request for a hearing by the city manager or the manager's designee using the applicable procedures set forth at section 2.021 of this code. The determination on the appeal shall be in writing and shall be issued within 10 days of the hearing. On the date of issuance, a copy of the decision shall be mailed to the appellant, the city engineer and other parties who have requested a copy. The decision of the city manager or the manager's designee shall be final. Section 13. Subsections (4) and (6) of Section 6.610 of the Eugene Code, 1971, are amended to provide: 6.610 Stormwater and Sewers - Connection; Equivalent Assessments. (4) In addition to the permit fee required by subsection 6.610(2), when the owner of real property connects or seeks to connect the owner's property to the city stormwater system for which the city has paid in anticipation of future assessment to benefitted property or for which the city has given a credit under subsections 7.730(3) and 7.730(4), based upon the size of the stormwater sewer that would be assessable under subsection 7.175(8), the owner shall pay to the finance officer an equivalent assessment and any other fees required by the city before connecting to the stormwater sewer. If the property has delinquent local improvement assessments against it, before issuing the stormwater sewer connection permit, all delinquent assessments shall be brought current. The equivalent assessment shall be determined by the city engineer, taking into account the city policies regarding the size of stormwater sewer assessed to benefitted property, based on the greater of the credit given under subsection 7.730(3) or (4) for the stormwater sewer to which connection is proposed or the cost at the time of connection of local improvement assessments for similar stormwater sewers. As used in this subsection "cost" includes the expenses identified in section 7.170. The total equivalent assessment shall be reduced by any principal payment received on a local improvement assessment levied against the property for a stormwater sewer. Any person aggrieved by the city engineer's determination of the equivalent assessment may seek its review by the city manager by filing a written request for its review within ten days of the city engineer's determination. The city manager or the manager's designee shall consider the request by using the applicable procedures set forth at section 2.021 of this code. The determination on the appeal shall be in writing and shall be issued within 10 days of the hearing. On the date of issuance, a copy of the decision shall be mailed to the appellant, the city engineer and other parties who have requested a Ordinance - 5 copy. The decision of the city manager or the manager's designee shall be final. (6) Nothing in this section shall prevent the city from creating a local improvement district for stormwater sewers under section 7.175 upon a determination that an existing stormwater sewer for which the city has given credit under subsection 7.730(3) and (4) is determined to specially benefit property that did not pay for the stormwater sewer or upon a determination that the city constructed an existing stormwater sewer in anticipation of assessing its costs to specially benefitted property that did not pay for the stormwater sewer at the time of construction. Such assessments shall be calculated upon the greater of the amount of credit given by the city or of the cost of constructing a similar stormwater sewer at the time of the formation of the local improvement district. If a property has been given an equivalent assessment under subsection 6.610(4) it may not be assessed again for the same stormwater sewer. Section 14. Subsections (2) and (3) of Section 7.197 of the Eugene Code, 1971, are amended to provide: 7.197 Local Improvements - Deferral of Assessment Payment - Eligibility Based on Delay of Benefit. (2) Collection of the portion of the street construction assessment representing the costs in excess of that for a 28-foot street may be deferred if: (a) The real property is located in an R-1 zone and is undeveloped property; or (b) The real property is in any other zone but is used for an owner- occupied single-family dwelling. (If the property has the potential for development as more than one lot, deferral will be allowed only on the portion where the dwelling is located, including minimum side yard setbacks.) (3) Collection of a portion of an assessment for improving an alley may be deferred when real property specifically benefited by the improvement is the site of only an owner-occupied single-family dwelling and structures accessory thereto, and is located in a zone other than AG 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 it is computed on the basis of the zone on which the property is located and the amount as it would be computed if the property were in an AG or R- 1 zone. Section 15. Subsection (2)(a) of Section 8.305 of the Eugene Code, 1971, is amended to provide: Ordinance 8.305 Board of Appeals. (2) Procedures. (a) A fee for each appeal, as established by the city manager pursuant to section 2.020 of this code, shall be paid to the building official. Section 16. Subsection (1) of Section 8.950 of the Eugene Code, 1971, is deleted, and Subsections (2), (3) and (4) are renumbered (1), (2) and (3), to provide: 8.950 Rehabilitation of Existinq Structures. (1) The Urban Renewal Agency of the City of Eugene and the building official together may modify the standards for an individual structure or use if they find and determine that all of the following conditions exist: (a) The structure or use cannot feasibly be made to comply because of existing site use or other physical limitations; (b) The reduction of such standards will not exert an adverse effect on the project area; (c) To remain economical, life of such structure shall not be less than 30 years; and (d) The reduction of such standards will not otherwise adversely affect the health, safety and welfare of the occupants or persons using the structure or the project area. (2) Notwithstanding the provisions of subsection (2) of this section, no structure to be rehabilitated shall fail to comply with any applicable codes, ordinances, or statutes, relating to existing structures. (3) All definitions, substantive and procedural requirements, and all penalties, civil or criminal, established by Chapter 8 of the Eugene Code, 1971, shall apply to and govern the rehabilitation of structures under this section. Section 17. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein, or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Passed by the City Council this 10th day of November, 2003 (,-) '~ty Recorder Ordinance - ? Approved by the Mayor this i~day of November, 2003