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Open Waterways Stormwater
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Open Waterways Stormwater
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7/9/2014 4:10:40 PM
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7/9/2014 4:10:38 PM
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Correspondence
PW_Division
Parks and Open Space
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2. Municipal Court Citation. Upon finding an activity is occurring that violates EC <br /> 6.650 - 6.670, this rule, or a condition of a permit or agreement, the City Manager may issue a <br /> citation into the City's Municipal Court to the property owner or per rnittee. <br /> 3. Administrative Civil Penalty. Except as modified in R- 6.650 -L, the City Manager <br /> may issue a notice of violation and impose an administrative civil penalty in the manner provided in <br /> Section 2.018 of the Eugene Code, 1971 upon the property owner or permittee for violation of the <br /> provisions of EC sections 6.650 - 6.670, this rule, or a condition of a permit or agreement. Failure <br /> to pay the administrative civil penalty within ten days after it becomes final constitutes a violation of <br /> this rule and the Eugene Code, 1971. In addition to any other enforcement mechanisms authorized <br /> by the Eugene Code, 1971, this rule, or federal or state law, the City Manager may withhold issuance <br /> of requested licenses or permits, issue a notice to correct, stop work order, or revoke or suspend any <br /> issued licenses or permits if the person to whom the notice is issued fails or refuses to pay an <br /> administrative civil penalty imposed pursuant to this rule within the ten day period. If the violation <br /> resulting in the imposition of the administrative civil penalty occurred on real property and the penalty <br /> remains unpaid for a period of 30 days or more after becoming final, the full amount of the unpaid <br /> penalty and/or fine shall be assessed against the real property upon which the violation occurred and <br /> entered as a lien in the docket of City liens. Notice of the assessment and docketing shall be given <br /> to the property owner at the time the assessment is made. Interest at the rate prescribed by Section <br /> 2.022 of the Eugene Code, 1971 shall commence on the date the lien is entered on the lien docket, <br /> and the lien shall be enforced in the same manner as liens for street improvements. <br /> 4. Order to Investigate. Upon a determination that a violation of EC 6.650 - 6.670, <br /> this rule, or a condition of a permit or agreement is occurring, the City Manager may issue an order <br /> directing City personnel to investigate all of the impacts caused by the violation and submit a <br /> recommendation to the City Manager on appropriate enforcement action. <br /> 5. Abatement. If a violation of EC 6.650 - 6.670, this rule, or a condition of a permit <br /> or agreement is occurring, the City Manager may initiate abatement proceedings pursuant to EC <br /> Sections 6.005 to 6.115, and may, at the same time, issue a Notice of Civil Penalty, without issuing <br /> any prior orders or attempting to secure voluntary compliance or correction of the violation. <br /> Abatement of the unlawful actions may include complete restoration of all impacts to open waterways <br /> resulting from the unlawful actions. <br /> 6. Service of Notices /Orders. All notices/orders shall be served by personal service or <br /> sent by certified mail and first class mail. Any notice/order served by mail shall be deemed received <br /> for purposes of any time computations hereunder, three days after the date mailed, if to an address <br /> within this state, and seven days after the date mailed, if to an address outside this state. <br /> 7 Remedies not Exclusive. The enforcement mechanisms set forth herein are not <br /> exclusive, and are in addition to any other remedies available under provisions of the Eugene Code, <br /> 1971 and federal and state law. <br /> Administrative Order - 10 r1adminord V„ Ieswow .wpd(o6ios/oo) <br />
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