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0 <br /> orders, or permits. The value of "P" is based on prior similar violations <br /> verified as valid, regardless of whether enforcement action was taken. The <br /> value of "P" shall be <br /> a. 1, if the present violation is the first violation of this <br /> code provision by the responsible person. <br /> b. 2, if the present violation is the second or subsequent <br /> similar violation, but the first similar violation within the past two <br /> years. <br /> • <br /> c. 3, if the present violation is the second similar violation <br /> within the past two years. <br /> d. 5, if the present violation is the third or subsequent <br /> similar violation within the past two years. <br /> • 3. "C" is whether the cause of the violation was an unavoidable <br /> accident, negligence, or a reckless or intentional act. The value of "C" shall <br /> be <br /> a. 1, if the violation was caused by an unavoidable <br /> accident or was caused by others. This category applies when the civil <br /> penalty is assessed either (i) against a person who caused the violation <br /> but could not have reasonably foreseen that a violation would occur, <br /> or (ii) against a person who is responsible for the property, such as an <br /> owner or landlord, but who was not physically in charge of the <br /> property when the violation occurred. <br /> b. 2, if the violation was caused by a responsible person's <br /> negligence. Negligence is the failure to exercise the care that a <br /> prudent person would exercise under the circumstances. This <br /> category applies where a person caused a violation by carelessness. <br /> c. 4, if the violation was caused by a responsible person's <br /> reckless or intentional acts. A reckless act is marked by a lack of <br /> proper caution or disregard for consequences. An intentional act is an <br /> act done by intention or design. <br /> • <br /> 4. "N" is the relationship of the violation to the protection, <br /> preservation and development of natural resources as required by local, State <br /> and Federal requirements and the number of prior similar violations of <br /> ordinances, rules, orders, or permits. The value of "N" shall be: <br /> • <br /> Administrative Order - 12 r\adm; ,les\00 attemp.wpd(06/08/00) <br />