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Admin Order 58-00-15
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Admin Order 58-00-15
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Last modified
6/5/2009 8:59:18 AM
Creation date
6/1/2009 12:08:41 PM
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PW_Exec
PW_Division_Exec
Administration
PWA_Project_Area
Admin Orders
PW_Subject
Open Waterways
Document_Date
6/9/2000
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No
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2. Municipal Court Citation. Upon finding an activity is occurring that violates EC <br />6.650 - 6.670, this rule, or a condition of a permit or agreement, the City Manager may issue a <br />citation into the City's Municipal Court to the property owner or permittee. <br />3. Administrative Civil Penalty. Except as modified in R-6.650-L, the City Manager <br />may issue a notice of violation and impose an administrative civil penalty in the manner provided in <br />Section 2.018 of the Eugene Code, 1971 upon the property owner or permittee for violation of the <br />provisions of EC sections 6.650 - 6.670, this rule, or a condition of a permit or agreement. Failure <br />to pay the administrative civil penalty within ten days after it becomes final constitutes a violation of <br />this rule and the Eugene Code, 1971. In addition to any other enforcement mechanisms authorized <br />by the Eugene Code, 1971, this rule, or federal or state law, the City Manager may withhold issuance <br />of requested licenses or permits, issue a notice to correct, stop work order, or revoke or suspend any <br />issued licenses or permits if the person to whom the notice is issued fails or refuses to pay an <br />administrative civil penalty imposed pursuant to this rule within the ten day period. If the violation <br />resulting in the imposition of the administrative civil penalty occurred on real property and the penalty <br />remains unpaid for a period of 30 days or more after becoming final, the full amount of the unpaid <br />penalty and/or fine shall be assessed against the real property upon which-the violation occurred and <br />entered as a lien in the docket of City liens. Notice of the assessment and docketing shall be given <br />to the property owner at the time the assessment is made. Interest at the rate prescribed by Section <br />2.022 of the Eugene Code, 1971 shall commence on the date the lien is entered on the lien docket, <br />and the lien shall be enforced in the same manner as liens for street improvements. <br />• 4. Order to Investigate. Upon a determination that a violation of EC 6.650 - 6.670, <br />this rule, or a condition of a permit or agreement is occurring, the CityManager may issue an order <br />directing City personnel to investigate all of the impacts caused by the violation and submit a <br />recommendation to the City Manager on appropriate enforcement action. <br />5. Abatement. If a violation of EC 6.650 - 6.670, this rule, or a condition of a permit <br />or agreement is occurring, the City Manager may initiate abatement proceedings pursuant to EC <br />Sections 6.005 to 6.115, and may, at the same time, issue a Notice of Civil Penalty, without issuing <br />any prior orders or attempting to secure voluntary compliance or correction of the violation. <br />Abatement of the unlawful actions may include complete restoration of all impacts to open waterways <br />resulting from the unlawful actions. <br />6. Service of Notices/Orders. All notices/orders shall be served by personal service or <br />sent by certified mail and first class mail. Any notice/order served by mail shall be deemed received <br />for purposes of any time computations hereunder, three days after the date mailed, if to an address <br />within this state, and seven days after the date mailed, if to an address outside this state. <br />7 Remedies not Exclusive. The enforcement mechanisms set forth herein are not <br />exclusive, and aze in addition to any other remedies available under provisions of the Eugene Code, <br />1971 and federal and state law. <br />Administrative Order - 10 r:~i~~ooW..,~o6ioaioo> <br />
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