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<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 />(fl State that the responsible person receiving the Notice of Civil Penalty has the <br />right to'appeal to a hearings 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. ~ TheNotice 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 CivilPenalty Assessment, the responsible person may <br />request a conference with the City Manager or enforcement officer. Prior to the time tfie 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 Amonnt of Civil Penalty. <br />Notwithstanding the provisions of Administrative Rule R 2.018, the amount of the <br />administrative civil penalty to be assessed under Section D shall be determined in accordance with <br />the following formula, as described herein. <br />(a) The dollar amount of the assessment is calculated by multiplying the amount <br />of the BASE (subsection (b)) by "G" (subsection (c)) and multiplying that by $20.00. <br />Notwithstanding this formula, the maximum assessment for a violation for a single day shall <br />be as established as the maximum amount that maybe assessed under Section 2.018 of the <br />Administrative Order - 7 <br />C:\WINDOWS1Tempoiary Intemet l:tles\OLK61A5102Stormwater-2~.wpd <br />