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~ . <br /> rule, or advise the complainant and the party against whom the complaint is lodged <br /> that no violation is found to exist. If enforcement action is undertaken, the complainant <br /> shall be advised of the nature of the action. The enforcement officer's determination <br /> that no violation exists may be appealed by the complainant to the City Manager in the <br /> manner set forth in R-6.725-H-1. _ <br /> R-6.725-G Enforcement. <br /> 'l. Notice of Violation. Upon a determination that a person is violating Section <br /> 6.710 of the Eugene Code, 1971 or R-6.725-B of this rule, the enforcement officer <br /> shall issue a written Notice of Violation to the person. The Notice shall advise the <br /> person of alternative chemicals, products and informational sources regarding the <br /> prohibited product, and may require the person to provide a written response detailing <br /> the actions that will be taken to resolve the violation(s). The Notice shall also advise <br /> the person of the potential penalties that may be imposed if the violation continues. <br /> For purposes of this subsection, and subsections 2 and 3 of this section, "product" <br /> means a generic type of merchandise or item, such as "hair spray" or "paint." <br /> 2. Notice of Imposition of Administrative Civil Penalty. If a person fails to <br /> comply with a ~IVotice issued under paragraph 1 of this section, oc sells or uses the <br /> prohibited product 60 days or more after the date of notification, the enforcement <br /> officer may issue to the person a Notice of Imposition of an administrative civil penalty <br /> in the amount, of $500. <br /> 3. Imposition of Additional Administrative Civil Penalty. If an administrative <br /> civil penalty is imposed under subsection 2 of this section and the person sells or <br /> uses the prohibited product ten days or more after the date the penalty is imposed, <br /> the enforcement officer may impose an additional administrative civil penalty in the <br /> amount of $1,000. Each subsequent violation thereafter shall subject the person to <br /> an administrative civil penalty of $1,000 per violation. For purposes of this subsection, <br /> a "subsequent violation" mans selling or using the product that farmed the basis for <br /> the prior penalty after the date of the previous notice imposing an adminis#rative civil <br /> penalty. <br /> 4. a 'ce. All notices/grders shall be served by persona! service or sent by <br /> certified mail and first class mail. Any notice/order served by mail shat! be deemed <br /> received for purposes of any time computations hereunder, three days after the date <br /> mailed, if to an address within this state, and seven days after the date mailed, if to an <br /> address without this state. <br /> 5. Penalties Not Exclusive. Any administrative civil penalty imposed pursuant <br /> to this section shall be in addition to, and not in lieu of, any other penalty authorized by <br /> <br /> Sec#ion 6.992 of the Eugene Code, 1971, or any other action authorized by law. <br /> Proposed Ozone Protection Administrative Rule - 6 o7~osis5 <br /> <br />