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Stormwater Policy
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Stormwater Policy
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Last modified
7/9/2014 4:51:26 PM
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7/9/2014 4:51:17 PM
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PW_Document_Type_ Operating
Correspondence
PW_Division
Parks and Open Space
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(a) Be in writing, signed by the enforcement officer; <br /> (b) Describe the nature of the violation and specify the section of the Eugene <br /> Code, 1971 or provision of these Regulations violated; <br /> (c) Specify the amount of penalty imposed; <br /> (d) State, as applicable, either: <br /> 1. The date on which the order to correct violation was issued and the <br /> date by which correction was to be made; or <br /> 2. If the Notice of Civil Penalty is issued without prior written notice <br /> of violation, a short and plain summary of the basis for concluding that the <br /> violation was intentional, knowing, or repetitive; <br /> (e) State the starting date of the penalty. Each day that the violation continues <br /> to exist is a separate violation for which the penalty will be assessed. The penalty <br /> assessments will continue daily until the corrections are made; <br /> (f) State that the responsible person receiving the Notice of Civil Penalty has <br /> the right to appeal to a hearings officer within ten days after the Notice of Civil Penalty <br /> is served on the responsible person. <br /> 4. The amount of civil penalty assessed shall be determined in accordance with <br /> paragraph E of these rules. <br /> 5. The Notice of Civil Penalty shall be mailed to a responsible person by certified <br /> mail, return receipt requested, and by regular mail, or served personally on a responsible person. <br /> 6. The Notice of Civil Penalty shall be deemed served for purposes of any time <br /> computations hereunder on: the date the notice is served personally on the responsible person; <br /> three days after the date the notice is mailed to the responsible person at an address within the <br /> state of Oregon; or seven days after the date the notice is mailed to a responsible person outside <br /> of this state. <br /> 7. Upon receipt of Notice of Civil Penalty Assessment, the responsible person may <br /> request a conference with the City Manager or enforcement officer. Prior to the time the civil <br /> penalty becomes final, the City Manager or enforcement officer may compromise or settle the <br /> civil penalty assessment where authorized under Section 2.582 of the Eugene Code, 1971 upon <br /> fmding the action constituting the violation was accidental and the responsible person immediately <br /> took all feasible actions to remedy the violation. A request under this paragraph shall not act as <br /> a stay, or otherwise affect the filing or processing of an appeal under paragraph G of these rules. <br /> Stormwater System Administrative Rule - 9 <br />
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