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AO 58-11-09 Stormwater System
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AO 58-11-09 Stormwater System
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Last modified
9/28/2011 10:32:26 AM
Creation date
9/22/2011 3:00:01 PM
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PW_Exec
PW_Division_Exec
POS
PWA_Project_Area
Admin Orders
PW_Subject
Stormwater System Admin Rule Amendment
Document_Date
9/21/2011
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No
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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, 1971 upon <br />finding the action constituting the violation was accidental and the responsible person <br />immediately took all feasible actions to remedy the violation. A request under this paragraph <br />shall not act as a stay, or otherwise affect the filing or processing of an appeal under paragraph G <br />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 of the <br />Eugene Code, 1971 and paragraph G of these rules. If appealed, the penalty shall become final, <br />if at all, upon the hearing official's decision affirming the imposition of the civil penalty. <br />E. Determination of Amount 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 <br />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 "G" (subsection (c)) and multiplying that by <br />$20.00. Notwithstanding this formula, the maximum assessment for a violation for a <br />single day shall be as established as the maximum amount that may be assessed under <br />Section 2.018 of the Eugene Code, 1971 in effect at the time the violation occurs. <br />(b) The BASE is "H" multiplied by the sum of "V" 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 time <br />of the incident. <br />b. 1, if no action is possible to mitigate the situation. <br />C. 1, if the responsible party made a major effort to correct the <br />violation and minimize impacts within the time frame set by the <br />Administrative Order - Page 7 of 12 <br />
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