New Search
1. The date on which the order to correct violation was issued and the <br />date by which correction was to be made; or <br />2. If the Notice of Civil Penalty is issued without prior written notice of <br />violation; a short and plain summary of the basis for concluding that the violation <br />was intentional, knowing, or repetitive; <br />(e) State the starting date of the penalty. Each day that the violation continues <br />to exist is a separate violation for which the penalty will be assessed. The penalty <br />assessments will continue daily until the corrections are made; and, <br />(f) State that the responsible person receiving the Notice of Civil Penalty has the <br />right to appeal to ahearings officer within 15 days after the Notice of Civil Penalty is served <br />on the responsible person. <br />4. The amount. of civil penalty assessed shall be determined in accordance with <br />paragraph E of these rules. <br />5. The Notice of Civil Penalty shall be mailed to a responsible person by certified mail, <br />return receipt requested, and by regular mail, or served personally on a responsible person. <br />6. The Notice of Civil Penalty shall be deemed served for purposes of any time <br />~-- - computations hereunder on: the date the notice is served personally on the responsible person; three <br />days after the date the notice is mailed to the responsible person at an address within the. state of <br />Oregon; or seven days after the date the notice is mailed to a responsible person outside of this state. <br />7. Upon receipt of Notice of Civil Penalty Assessment, the responsible person may <br />request a conference with the .City Manager or enforcement officer. Prior to the time the civil <br />penalty becomes final, the City Manager or enforcement officer may compromise or settle the civil <br />penalty assessment where authorized under Section 2.582 of the Eugene Code, 1971 upon finding <br />the action constituting the violation was accidental and the responsible person immediately took all <br />feasible actions to remedy the violation. A request under this paragraph shall not act as a stay, or <br />otherwise affect the filing or processing of an appeal under paragraph G of these rules. <br />8. The civil penalty shall become final upon expiration of the time for filing an appeal, <br />unless a responsible person has properly filed an appeal pursuant to Section 2.021 of the Eugene <br />Code,1971 and paragraph G of these rules. If appealed, the penalty shall become final, if at all, upon <br />the hearing official's decision affirming the imposition of the civil .penalty. <br />E. Determination of Amount of Civil Penalty. <br />Notwithstanding the provisions of Administrative Rule R-2.018, the amount of the <br />Administrative Order - 7 <br />