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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. Ifenforcement action is undertaken; the complainant "~, <br />shall be advised of the nature of the ac#ion. 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 />1'. 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 theperson to provide a written response detailing <br />the actions that will be taken to resolve the violation(s). The Notice shah 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 />complywith a Notice issued under paragraph 1 of this. section, or. 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 produc# ten days or more after the date the penalty is imposed, <br />the, enforcement officer may impose an additional administra#ive civil penalty in the <br />amount.of $1,OOO.~ 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 produc# that formed the basis for <br />the prior penalty after the date of the previous notice imposing an administrative civil <br />penalty. <br />4. Service. All notices/orders shall be served by personal service or sent by <br />certified mail and first class mail. Any notice%rder served by mai! shall 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 withou# 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 />Section 6.992 of the Eugene Code, 1971, or any other action authorized by law. <br />.Proposed Ozone Protection Administrative Rule - 6 o7rosi9s <br />