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f '"w <br />w <br />fails to comply with a Notice issued under paragraph. l of this section, or sells or uses <br />,the prohibited product 60 days or more after the date of notification, the .enforcement <br />officer may issue to the person a Notice of Imposi#ion of an administrative civil penalty <br />in the amount of $500. <br />3. _lmposition of Additional Administrative Civil Penalty. If an <br />administrative civil penalty is imposed. under subsection 2 of this section and the <br />person sells or uses the prohibited product ten days or more after the date the penalty <br />is imposed, the enforcement officer may impose an additional administrative civil <br />penalty in the amount of $1,000. Each subsequent violation thereafter shall subject <br />the person to an administrative civil penalty of $1,000 per violation. For purposes of <br />this subsection, a "subsequent violationu means selling or using the product that <br />formed the basis for the prior penalty after the date of the previous notice imposing an <br />administrative civ~i 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/order served by mail 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 outside this state. <br />5. Penalties Not Exclusive. Any administrative civil penalty imposed <br />r pursuant to this section shall be in addition to, and not in lieu of, any other penalty <br />authorized by Section 6.992 of the Eugene Code, 1971, or any other action authorized <br />by law. <br />fi. Settlement of Civil Penalty Assessment. Upon receipt of Notice of <br />Civil Penalty Assessment, the violator may request a conference with the City MarYager <br />or designee. The City Manager or designee may compromise or settle any unpaid <br />civil penalty assessment where authorized under Section 2.582 of the Eugene Code, <br />1971. A request under this paragraph shat! not act as a stay, or otherwise affect the <br />filing or processing of an appeal under paragraph 7 of this section. <br />7. Appeals. A Notice of Violation or Notice of Civil Penalty Assessment <br />issued under this section may be appealed in the manner set forth in Section R-6.725- <br />H. ,- <br />R-6.725-H Appeals. <br />i . Enforcement Officer's Determination. Any person aggrieved by the <br />enforcement officer's determination under R-6.725-F that a violation for which an <br />enforcement action can be commenced does not exist may appeal that determination <br />to the City Manager. The notice of appeal must be #iied with the City Manager within <br />15 days from the date of the enforcement officer's notice, shall be accompanied by a <br />Ozone Protection Administrative Rule - 7 ~ oJi 7J95 <br />