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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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PW_Exec
PW_Division_Exec
Administration
PWA_Project_Area
Admin Orders
PW_Subject
Stormwater
Document_Date
8/20/1995
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No
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(a) Be in writing, signed by the enforcement officer; <br />(b) Describe the nature of the violation and specify the. section of .the Eugene <br />Code, 1971 or provision of these Regulations violated; <br />(c) Specify .the amount of penalty imposed; <br />{d) State, as applicable, either: <br />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 <br />of violation, a short and plain summary of the basis for concluding that the <br />violation 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; <br />(f) State that the responsible person receiving the Notice of Civil Penalty has <br />the right to appeal to a hearings officer within ten days after the Notice of Civil Penalty <br />is served 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 <br />mail, 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; <br />three days after the date the notice is mailed to the responsible person at an address within the <br />state of Oregon; or seven days after the date the notice is mailed to a responsible person outside <br />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 <br />civil penalty assessment where authorized under Section 2.582 of the Eugene Code, 197.1 upon <br />finding the action constituting the violation was accidental and the responsible person immediately <br />took all feasible actions to remedy the violation. A request under this paragraph shall not act as <br />a stay, or otherwise affect the filing or processing of an appeal under paragraph G of these rules. <br />Stormwater System Administrative Rule - 9 <br />
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