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8. Continuation of Violation. Each day that the unlawful condition exists for which <br />a citation under Section 2 above, or a notice under Section 3 above was issued shall constitute a <br />` separate violation. <br />R-6.650-L Determination of Amount of Civil PenaltX. <br />Notwithstanding the provisions of Administrative Rule R-2.018, the amount of the <br />administrative civil penalty to be assessed under R-6.650-K of this rule shall be determined in <br />accordance with the following formula(s), which take into consideration the factors required in <br />Section 2.018 of the Eugene Code, 1971: <br />(a) The dollar amount of the assessment per day is calculated by <br />multiplying the amount of the BASE (subsection (b)) by the MULTIPLIER <br />(subsection (c)) and multiplying that by $10.00. Notwithstanding this formula, the <br />maximum assessment for a violation per day shall be $2,000.00. <br />(b) The BASE is the sum of "E" plus "P" plus "C" plus "N" where: <br />1. "E" is the effort made by the responsible person in taking all <br />feasible steps or procedures necessary. or appropriate to correct the violation. <br />The value of "E" shall be: <br />a. 0, if the responsible person has made an active attempt <br />to correct the violation. An active attempt requires a physical effort <br />resulting in significant progress toward correcting the violation. <br />Verbal communication does not itself constitute an active attempt, but <br />it maybe considered as a part of the necessary effort. <br />b. 1, if the person has made minor attempts to correct the <br />violation. A minor attempt includes a physical effort that results in no <br />significant progress toward correcting the violation. Verbal <br />communication does not itself constitute a minor attempt, but it may <br />be considered as a part of the necessary effort. <br />c. 2, if the person took little or no action whatsoever to <br />correct the violation, or if the violation was so severe as to require <br />immediate civil penalties. Little or no action includes verbal contact <br />or assurances that the problem will be resolved, but with no noticeable <br />physical effort to correct the violation, and no visible progress toward <br />correcting the violation. <br />2. "P" is the frequency of prior violations of ordinances, rules, <br />Administrative Order - 11 r:~n~a~„i~~ooW.wpa~o6iosioo> <br />