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 stormwater 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-7.302-A Construction Within and Use of the Public Way - Policy. <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-Way Permits, Construction Within <br />and Use of the Public WaX .Policies and Procedures, attached hereto as Exhibit A and adopted <br />herein. <br />R-7.302-B Definitions. <br />Administrative Order - 8 r:~adm~„ora~rules~oorowr~2ao.WPd~o9ii3ioo> <br />