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ORDINANCE NO, 20169 <br />AN GRDINANCE CONCERNING EROSION NUISANCE <br />ABATEMENT; AND AMENDING SECTIONS 2.01 S, b.010, <br />6.080, 6.085, 6.090, 6.100, 6.110 AND 6.640 OF THE EUGENE <br />CODE, 1971. <br />THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: <br />Section 1. Subsection ~5} of Section 2.018 of the Eugene Code,1971, is amended to provide <br />as follows: <br />a er Authors , to 1m ose Admzn~stra. <br />2.018 Cit~M.~..an,,,,~,_,,,. ~~,,.,~~._~,..._ ,,,,~~ ~ ,.,five Civ,~~.Penalty. <br />~5} Utilizing the procedure set forth in section 2.019 of this code, the city manager <br />shall adopt by rule either a schedule of, or specific criteria to be used in, establishing penalty <br />amounts that may be imposed for particular violations. Except for violation of sections 6.501 to <br />6.596 of this code or any rules issued thereunder no a ' 'strative civil penalty imposed under this <br />section shall exceed $2,000 per day. Far violation of sections 6.501 to 6.596 of this code or any <br />rules issued thereunder, no administrative civil penalty imposed under this section shall exceed <br />$25,000 per day. In imposing a penalty authorized by this section, the ci mana er or deli nee shall <br />tY g g <br />consider: <br />~a} The person's past history in taking all feasible steps or procedures <br />necessary or appropriate to correct the violation; <br />fib} Any prior violations of statutes, rules, orders and permits; <br />~c} The gravity and magnitude of the violation; <br />~d} Whether the violation was repeated or continuous; <br />fie} Whether the cause of the violation was an unavoidable accident, <br />negligence or an intentional act; <br />~f} The violator's cooperativeness and efforts to correct the violation; <br />and <br />(g) Any relevant rule of the city manager. <br />Section 2. Section 6.010 of the Eugene Code,1971, is amended by adding a new Subsection <br />~n}, and the current Subsection ~n}, is re-lettered to provide: <br />6.010 Nuisances„ Affecting.,,the Public. The following are nuisances which <br />may be abated as provided in this code: <br />ordinance -1 <br />