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r <br />CITY OF EUGENE <br />INTER - DEPARTMENTAL MEMORANDUM <br />CITY ATTORNEY — CIVIL DEPARTMENT <br />To: Bob Noble, Public Works Date: November 27, 1984 <br />Vl ob Helling, Public Works <br />Bob Emmons, Parks Dept. <br />Jeff Hale, City Arborist <br />Subject: <br />Nuisance Abatement: Foilage Abatement <br />Enclosed are the drafts of two ordinances which amend <br />the City Code regarding vegetation control and nuisance <br />abatement. These two ordinances are interrelated as far as <br />the questions you have raised, but we prepared them in two <br />separate documents because we wanted to clean up the nuisance <br />abatement procedures making it simpler to provide you with <br />two separate ordinances. The vegetation control ordinance would <br />be effective upon its passage if six councilors vote affirmatively. <br />The nuisance ordinance will not be effective until six months <br />after its approval by six councilors because it affects levying <br />costs against real property for services rendered and Eugene <br />Charter § §38 and 39 mandate the delay. <br />Ordinance Concerning Vegetation <br />Section 4.831 allows the definition of public ways to <br />remain constant with section 6.005. <br />Section 4.832 prohibits any vegetation from becoming a <br />nuisance. Note that the revised sections 6.010(i) and (j) <br />have an expanded definition of what vegetaion or obstructions <br />are a nuisance. Section 4.832 makes it an offense to have <br />vegetation that constitutes a nuisance thereby allowing a <br />police officer to issue a citation for the offense if the <br />City's nuisance abatement efforts proved unsuccessful. <br />The new section 4.833 is patterned after the old section <br />7.630. <br />The changes to section 4.990 allow the Court to charge <br />a fine not to exceed $100.00 for violating the "new" offenses. <br />This is the same penalty for violating the same offenses when <br />they were in Chapter 7. <br />The changes to section 7.370 are primarily editorial and <br />matters of form. Likewise, the changes to sections 7.635 and <br />7.650 are intended to clarify the procedures under which <br />nuisances may be abated. The old language in chapter 7 was <br />not explicit about notice or procedures to be followed when <br />abating violations. <br />