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Admin Order 58-02-01-F
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Admin Order 58-02-01-F
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Last modified
6/5/2009 9:18:03 AM
Creation date
6/1/2009 12:17:15 PM
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Template:
PW_Exec
PW_Division_Exec
Administration
PWA_Project_Area
Admin Orders
PW_Subject
Stormwater
Document_Date
2/28/2002
External_View
No
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constitutes a violation ofthese rules and the Eugene Code,197I . Each day thereafter that the penally <br />remains unpaid shall constitute a separate violation.. In addition to any other enforcement <br />- mechanisms authorized by the Eugene Code, 1971, these rules, or federal or state law, the <br />enforcement officer may withhold issuance of requested licenses or permits, issue, a stop work or <br />cease and desist order, or revoke or suspend any issued licenses or permits if the responsible person <br />fails or refuses to pay an administrative civil penalty imposed pursuant to these rules. If the violation <br />resulting in the imposition of the administrative civil penalty occurred on real property. and the <br />penalty remains unpaid for a period of 3'0 days or more after becoming final, the full amount of the <br />unpaid penalty and~or fine shall'be assessed against the real property upon which the violation <br />occurred and entered as a lien in the. docket of City liens. Notice of the assessment and docketing <br />shall be given to the. responsible person at the time the assessment is made. ~ Interest at the rate . <br />prescribed by Section 2.022 of the Eugene Code,1971 shall commence on the.date the lien is entered <br />on the .lien docket, and fhe lien shall be enforced in the same manner as liens for street <br />improvements. <br />4. Service ofNotices/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 />5. Remedies not Exclusive. The enforcement mechanisms set forth herein are not <br />exclusive, and are in addition to any other remedies available under provisions of the Eugene Code, <br />j 1971 and federal and state law. <br />r°'", 6. Administrative Compliance Order. The enforcement officer may issue an <br />~_ Administrative Compliance Order for any violation. The Order shall be in writing, specify the <br />violation(s) and require compliance measures. The Order may also include an Administrative Civil <br />. Penalty for the violation. <br />G. Appeals. ~ ~ .. _... _ _._. . <br />1. Following the procedures set forth in Section 2.021 of the Eugene Code, 1971; a :. <br />responsible person to whom a Notice of Violation or Notice of Civil Penalty is issued may appeal <br />the enforcement officer's determination to the City Manager. The appeal must be in writing, filed <br />with the City Manager within 15 days from the date of the notice, and. be accompanied by the fee <br />established by the City Manager pursuant to Section 2.020 of the Eugene Code, 1971. The appeal <br />shall state the name and address of the appellant, the nature of the determination being appealed, the <br />reason the determination is incorrect, and what the correct determination of the appeal should be. <br />Failure to file such a statement within the time or in~the manner required waives the appellant's <br />objections, and the appeal shall be dismissed. At least ten days prior to the hearing, the City sha1T <br />mail notice of the time and place of the hearing to the appellant. The hearings official shall hear and <br />determine the appeal on the basis of the appellant's written statement and any additional evidence <br />Administrative Order - 11 <br />C:\WINDOWS1Temporazy Internet Files\OLK61A5102stormwater 2aowpd <br />
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