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, <br /> I <br /> ~I <br /> i <br /> person. '~~i <br /> 6. T e Notice of Civil Penalty shall be deemed served for purposes of any time <br /> computations h reunder on: the date the notice is served personally on the responsible <br /> person; three da s after the date the notice is mailed to the responsible person at an address <br /> within the sta e f Oregon; or seven days after the date the notice is mailed to a responsible <br /> person outsid f this state. <br /> 7. U on receipt of Notice of Civil Penalty Assessment, the responsible person <br /> may request c nference with the City Manager or enforcement officer. Prior to the time <br /> the civil pens ty becomes final, the City Manager or enforcement officer may compromise <br /> or settle the ivi penalty assessment where authorized under Section 2.582 of the Eugene <br /> Code, 1971 p n finding the action constituting the violation was accidental and the <br /> responsible p rs n immediately took all feasible actions to remedy the violation. A request <br /> under this pa a aph shall not act as a stay, or otherwise affect the filing or processing of <br /> an appeal un a paragraph G of these rules. <br /> 8. Tt~e civil penalty shall become final upon expiration of the time for filing an <br /> appeal, unles a responsible person has properly filed an appeal pursuant to Section 2.021 <br /> of the Eugen de, 1971 and paragraph G of these rules. If appealed, the penalty shall <br /> become final, 'f tall, upon the hearing official's decision affirming the imposition of the civil <br /> penalty. <br /> E. Dete in tion of Amount of Civil Penal <br /> Notwi s nding the provisions of Administrative Rule R-2.018, the a*.nount of the <br /> administrativ 'vil penalty to be assessed under Section D shall. be determined in <br /> <br /> { accordance th the following formula, as described herein. <br /> (a The dollar amount of the assessment is calculated by multiplying the <br /> amou t f the BASE (subsection (b)) by the MULTIPLIER (subsection (c)) and <br /> multip yi g that by $10.00. Notwithstanding this formula, the maximum assessment <br /> fora 'o ation for a single day shall be $500, or such higher amount as may be <br /> establi h d as the maximum amount that may be assessed under Section 2.018 of the <br /> Eugen ode, 1971 in effect• at the time the violation occurs. <br /> (b The BASE is "H" multiplied by the sum of "P" plus "C' where: <br /> 1. "H" is the history of the actions and efforts undertaken by the <br /> re ponsible party to correct the violation . The value of "H" shall be: <br /> a. 1, if the responsible party could not be contacted at the <br /> time of the incident. <br /> Proposed Sto mjwater System Administrative Rule - 7 01/12/96 <br /> <br />