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b: <br />.person. <br />_, <br />,---- <br />b. The Notice of Civil Penalty shall be deemed served for purposes of any time <br />j computations hereunder on: the date the notice is served personally on the responsible <br />person; three days after the date the notice is mailed to the responsible person at an address <br />• within the state of Oregon; or seven days after the date the. notice is mailed to a responsible <br />person outside of this state. <br />7. Upon receipt of Notice of Civil Penalty Assessment, the responsible person <br />may request a conference with the City Manager or enforcement officer. Prior to the time <br />the civil penalty .becomes final, the City .Manager or enforcement officer may compromise <br />or settle the civil penalty assessment where authorized under Section 2.582 of the Eugene <br />Code, 1971 upon finding the action constituting the violation was accidental and the <br />responsible,person immediately took all feasible actions to remedy the violation. A request <br />under this. paragraph shall not act as a stay, or otherwise affect the filing or processing of <br />an appeal under paragraph G of these rules. <br />8. The civil penalty shall become final upon expiration of the:time for filing an <br />appeal, unless a responsible person has properly filed an appeal pursuant'to Section 2.021 <br />of the Eugene Code, 1971 and paragraph G of these rules.. If `appealed, the penalty shall <br />become final, if at all, upon the hearing official's decision affirming the imposition of the civil <br />penalty. • <br />E. Determination of Amount of Civil Penalty. <br />Notwithstanding the provisions of Administrative Rule R-2.018, the a*.nount of the <br />administrative civil penalty to be assessed under Section D shill, be determined in <br />accordance with the following formula, as described herein. <br />(a) The dollar amount of .the assessment is calculated by multiplying the <br />amount of the BASE (subsection (b)) by the MULTIPLIER' (subsection (c)) and <br />multiplying that by $10.00. Notwithstanding this formula, the maximum assessment <br />• for a violation for a single day shall be $500, or -such higher amount as may be <br />established as the maximum amount that may be assessed under Section 2.018 of-the <br />Eugene Code, 1971 in effec, t~ at the time the violation occurs. <br />{b) The BASE is "H" multiplied by the sum of "P" plus "C" where: <br />1. "H" is the history of the actions and efforts- undertaken by the <br />responsible party to correct the violation . The value of "H" shall be: <br />a. 1, if the responsible party could not be contacted at the <br />time of the incident. • <br />Proposed Stormwater System Administrative Rule - 7 Oi/i?_/96 <br />