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D. Administrative Civil Penalty <br />1. The enforcement officer is authorized to impose an administrative civil penalty <br />upon a responsible person for a violation of the provisions of the Eugene Code, 1971 set forth in <br />paragraph C above, or the regulations adopted thereunder. Prior to imposition of an <br />administrative civil penalty the enforcement officer or designee shall provide the responsible <br />person with written notice of the violation and an opportunity to correct the violation of not less <br />than five days. However, if the violation is intentional, knowing, repetitive, or involves Sections <br />6.010, 6.446, 6.805, or 6.810 of the Eugene Code, 1971, no written notice or opportunity to <br />correct is required prior to imposition of the administrative civil penalty. <br />2. If the violation has not been corrected in the manner or within the time required in <br />the written notice of violation, or if the violation is intentional, knowing, or repetitive, the <br />enforcement officer may issue a Notice of Civil Penalty. <br />3. The Notice of Civil Penalty shall: <br />(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; and, <br />(f) State that the responsible person receiving the Notice of Civil Penalty has <br />the right to appeal to a hearings officer within 15 days after the Notice of Civil Penalty is <br />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 />Administrative Order - Page 6 of 12 <br />