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Admin Order 58-95-19-F (2)
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Admin Order 58-95-19-F (2)
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Last modified
6/5/2009 10:07:32 AM
Creation date
6/3/2009 10:08:53 AM
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Template:
PW_Exec
PW_Division_Exec
Administration
PWA_Project_Area
Admin Orders
PW_Subject
Stormwater
Document_Date
8/20/1995
External_View
No
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D and E of these rules, the enforcement officer may impose an administrative civil penalty <br />upon a responsible person for violation of the provisions of the Eugene Code, 1971 set forth <br />in paragraph C above. Failure to pay the administrative civil penalty within ten days after <br />it becomes final constitutes a violation of these rules and the Eugene Code, 1971. F,ach day <br />thereafter that the penalty remains unpaid shall constitute a separate violation. In addition <br />to any other enforcement mechanisms authorized by the Eugene Code, 1971, these rules, <br />or federal or state law, the enforcement officer may withhold issuance of requested licenses <br />or permits, issue a stop work or cease and desist order, or .revoke or suspend any issued. <br />licenses or permits if the responsible .person fails or refuses to pay an administrative civil <br />penalty imposed pursuant to these rules. If the violation resulting in the imposition of the <br />administrative civil penalty occurred on real property and the penalty remains unpaid for a <br />period of 30 days or more after becoming final, the full amount of the unpaid penalty and/or <br />fine shall be assessed against the real property upon which the violation occurred and <br />entered as a lien in the docket of City liens. Notice of the assessment and docketing shall <br />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 <br />is entered on the lien docket, and the lien shall be enforced in the same manner as liens for <br />street improvements. <br />4. Service of Notices/Orders. All notices/orders shall be served by personal <br />service or sent by certified mail and first class mail. .Any notice/order served by mail shall -: <br />be deemed received for purposes of any time computations hereunder, three days after the <br />date mailed, if to an address within this state, and seven days after the date mailed, if to an <br />address outside this state. <br />' " S. Remedies not Exclusive. The enforcement mechanisms set forth herein are <br />not ;exclusive, and are in addition to any other remedies available under provisions of the <br />Eugene Code, 1971 and federal and state law. <br />G. Appeals. <br />1. Following the procedures set forth in Section 2.021 of the Eugene Code, 1971, <br />a responsible person to whom a Notice of Violation or Notice of Civil Penalty is issued may <br />appeal the enforcement officer's determination to the City Manager. The appeal must be <br />in writing, filed with the City Manager within 15 days from the date of the notice, and be <br />accompanied by the fee established by the City Manager pursuant to Section 2.020 of the <br />Eugene Code, 1971. The appeal shall state the name and address of the appellant, the <br />nature of the determination being appealed, the reason the determination. is incorrect, and <br />what the correct determination of the appeal should be. Failure to file such a statement <br />within the time or in the manner required waives the appellant's objections, and the appeal <br />shall be dismissed. At least ten days prior to the hearing, the City shall mail notice of the <br />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 <br />` Proposed Stormwater System Administrative Rule - 11 <br />01/12/96 <br />
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