Finding. In 1996 the City of Eugene added Sections 6.625 to 6.645 to the Eugene <br /> Code, 1971, which have been in effect since February 1997. The stated purpose of those <br /> sections is to prevent or minimize to the maximum extent practicable negative impacts to <br /> adjacent properties, water quality, and related natural resources resulting from construction <br /> activities, achieve compliance with the outcomes specified in R-6.645-D, and prevent erosion <br /> and control stonnwater impact. Where possible the City will rely on education rather than <br /> enforcement, but will use the amount of enforcement necessary to achieve compliance. <br /> Administrative Rule R-6.645 Erosion Prevention and Construction Site Management <br /> Practices defines "Person" as: "An individual, trust, firm, joint stock company, joint venture, <br /> consortium, commercial entity, partnership, association, corporation, commission, state and <br /> any agency thereof, political subdivision of the state, interstate body or the federal <br /> government, including any agency thereof. Section 6.640 of the Eugene Code, 1971 provides <br /> that enforcement may include any or all of the following: stop work order, citation for <br /> violation, administrative compliance order and civil penalties. The Public Works Division <br /> has been designated by the City Manager to administer and enforce this program. No <br /> changes were made to the rule or Manual as a result of this comment. <br /> Now, therefore, based upon the above findings, which are hereby adopted, and pursuant to <br /> the authority contained in Section 2.019 of the Eugene Code, 1971, I hereby repeal Administrative <br /> Order No. 58-97-21-F as of the effective date of this order, amend Construction Within and Use of <br /> the Public Way Rule R-7.302 and the Manual attached as Exhibit A thereto as proposed in <br /> Administrative Order No. 58-00-13 and amended as noted in the finding to comment 5 above, and <br /> ratify the unamended portions of Rule R-7.302 so it provides in full as follows: <br /> CONSTRUCTION WITHIN AND USE OF THE PUBLIC WAY <br /> ADMINISTRATIVE RULE R-7.302 <br /> R- ~ .302-A Construction Within and Use of the Public Wav - Polio. <br /> In order to create attractive and healthy neighborhood environments and to protect the <br /> public's right for safe unobstructed use of the public way, applicants wishing to perform work or <br /> construction in, or to use, the public way shall first obtain a written permit and shall conform with <br /> the standards and procedures provided for in these rules and the provisions, specifications, and <br /> conditions contained within the manual on Utility and Right-of--Wav Permits. Construction Within <br /> and Use of the Public Way. Policies and Procedures, attached hereto as Exhibit A and adopted <br /> herein. <br /> R- ~ .302-B Definitions. <br /> <br /> Administrative Order - 8 r:\adminord\rules\OOrowrl2ao.wpd(09/13/00) ; <br /> <br />