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8. Continuation of Violation. Each day that the unlawful condition exists for which <br /> a citation under Section 2 above, or a notice under Section 3 above was issued shall constitute a <br /> separate violation. <br /> R 6.650 -L Determination of Amount of Civil Penalty. <br /> • <br /> Notwithstanding the provisions of Administrative Rule R- 2.018, the amount of the <br /> administrative civil penalty to be assessed under R- 6.650 -K of this rule shall be determined in <br /> accordance with the following formula(s), which take into consideration the factors required in <br /> Section 2.018 of the Eugene Code, 1971: <br /> (a) The dollar amount of the assessment per day is calculated by <br /> multiplying the amount of the BASE (subsection (b)) by the MULTIPLIER <br /> (subsection (c)) and multiplying that by $10.00. Notwithstanding this formula, the <br /> maximum assessment for a violation per day shall be $2,000.00. <br /> (b) The BASE is the sum of "E" plus "P" plus "C" plus "N" where: <br /> 1. "E" is the effort made by the responsible person in taking all <br /> feasible steps or procedures necessary or appropriate to correct the violation. <br /> The value of "E" shall be: <br /> a. 0, if the responsible person has made an active attempt <br /> to correct the violation. An active attempt requires a physical effort <br /> resulting in significant progress toward correcting the violation. <br /> Verbal communication does not itself constitute an active attempt, but <br /> it may be considered as a part of the necessary effort. <br /> b. 1, if the person has made minor attempts to correct the <br /> violation. A minor attempt includes a physical effort that results in no <br /> significant progress toward correcting the violation. Verbal <br /> communication does not itself constitute a minor attempt, but it may <br /> be considered as a part of the necessary effort. <br /> c. 2, if the person took little or no action whatsoever to <br /> correct the violation, or if the violation was so severe as to require <br /> immediate civil penalties. Little or no action includes verbal contact <br /> or assurances that the problem will be resolved, but with no noticeable <br /> physical effort to correct the violation, and no visible progress toward <br /> correcting the violation. <br /> 2. "P" is the frequency of prior violations of ordinances, rules, <br /> Administrative Order - 11 r.\ adminord\iules \00wattemp.wpd(06 /08/00) <br />