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Admin Order 58-95-11-F
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Admin Order 58-95-11-F
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Last modified
8/25/2008 3:52:52 PM
Creation date
8/15/2008 3:37:11 PM
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Template:
PW_Exec
PW_Division_Exec
Administration
PWA_Project_Area
Admin Orders
PW_Subject
Ozone Protection
Document_Date
10/10/1995
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No
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ails to comp) with a Notice issued under paragraph 1 of this section, or sells or uses <br /> <br /> the prohibited product 60 days or more after the date of notification, the enforcement <br /> <br /> officer may is u~ to the person a Notice of Imposition of an administrative civil penalty <br /> <br /> in the amount of 500. <br /> ~3. Im o ~ition of Additional Administrative Civil Penalt If an <br /> dministrative civril penalty is imposed under subsection 2 of this section and the <br /> erson sells o u es the prohibited product ten days or more after the date the penalty <br /> s imposed, th nforcement officer may impose an additional administrative civil <br /> enalty in the a ount of $1,000. Each subsequent violation thereafter shall subject <br /> he person to n administrative civil penalty of $1,000 per violation. For purposes of <br /> his subsectio "subsequent violation" means selling or using the product that <br /> ormed the ba is for the prior penalty after the date of the previous notice imposing an <br /> dministrative ci .1 penalty. <br /> 4. er i e. All notices/orders shall be served by personal service or sent by <br /> ertified mail n first class mail. Any notice/order served by mail shall be deemed <br /> eceived for p r oses of any time computations hereunder, three days after the date <br /> ailed, if to a a dress within this state, and seven days after the date mailed, if to an <br /> ddress outsi a his s#ate. <br /> 5. Pe al i Not Ex lu ive. Any administrative civil penalty imposed <br /> ursuant to th s ection shall be in addition to, and not in lieu of, any other penalty <br /> uthorized by Section 6.992 of the Eugene Code, 1971, or any other action authorized <br /> y law. <br /> fi. Set lel ent of Civil Penalt Assessment. Upon receipt of Notice of <br /> ivil Penalty ss~essment, the violator may request a conference with the City Manager <br /> r designee. hs~ City Manager or designee may compromise or settle any unpaid <br /> ivil penalty a s~ssment where authorized under Section 2.582 of the Eugene Code, <br /> 971. A requ st under this paragraph shall not act as a stay, or otherwise affect the <br /> fling or proce si g of an appeal under paragraph 7 of this section. <br /> 7. A Is. A Notice of Violation or Notice of Civil Penalty Assessment <br /> ssued under i section may be appealed in the manner set forth in Section R-6.725- <br /> -6.725-H AQpeals. <br /> i . Enf r ement Offi er's D t rmination. Any person aggrieved by the <br /> nforcement ffi er's determination under R-6.725-F that a violation for which an <br /> nforcement ctibn can be commenced does not exist may appeal that determination <br /> o the City Ma alter. The notice of appeal must be filed with the City Manager within <br /> 5 days from he date of the enforcement officer's notice, shall be accompanied by a <br /> zone Protec ion Administrative Ruie - 7 10/17/95 <br /> <br />
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