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FINDINGS ON OBJECTION TO COST OF VEGETATION ABATEMENT <br />Appellant: Marshall Geller <br />Location: 2460 Olive Street <br />ISSUE PRESENTED <br />This hearing was held pursuant. to Section 6.100(2) of the <br />Eugene Code wherein, upon objection of a property owner, the <br />Hearings Official must determine the abatement cost to be assessed <br />to the property owner for vegetation constituting a nuisance. <br />It must be noted that the issue to be decided is not that <br />presented by Eugene Code Section 6.085 as to whether or not a <br />nuisance existed. A protest was not filed pursuant to subsection <br />(2) of that section and the only issue at hand is the appropriate <br />amount of the assessment against the property owner. <br />FINDINGS OF FACT <br />I find the facts to be the following: <br />1. The enforcement procedure undertaken was as follows: <br />May 22, 1989, a complaint was filed by an abutting <br />property owner. <br />May 26, 1989, there was a City inspection of the premises <br />and the rear yard was noted to be in violation of the City Code. <br />June 1, 1989, a ten (10) day courtesy notice was mailed <br />by the City. <br />June 12, 1989, there as a second inspection by the City <br />revealing that the violation continued. <br />June 13, 1989, the property was posted as a public <br />nuisance and a certified letter was mailed advising the property <br />owner to abate the nuisance. <br />June 27, 1989, a third inspection by the City of Eugene <br />revealing non - compliance. <br />June 28, 1989, a work order was issued to Tucker Family <br />Enterprises to abate the vegetation nuisance in the backyard of <br />2460 Olive Street. <br />July 6, 1989, the abatement was accomplished by the <br />contract. <br />July 11, 1989, a certified letter was returned unopened <br />to the Public Works Maintenance. <br />2. The City incurred the cost of $208.32 for the abatement <br />accomplished by the Tucker Family Enterprise. That billing <br />indicated a total of 8.25 hours in mowing time and 2.25 hours in <br />hand - cutting time. <br />1 - FINDINGS <br />