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GRDINANCE NG, 20177 <br />AN (]RDINANCE CONCERNING ERGSIUN PREVENTION <br />AND AMENDING SECTIUNS 2.018, 6.406, 6.635, 6.640 AND <br />7,010 4F THE EUGENE CODE, 1971. <br />THE CITY GF EUGENE DaES nRDAIN AS FULLUWS: <br />Section 1. Subsections (2), (4) and (6) of Section 2.018 of the Eugene Code, 1971, axe <br />amended as follows: <br />2.018 Ci Mana er ~ Authori to Im ose Administrative Civil Penalt . <br />~2} Prior to imposing an administrative civil penalty under this section the city <br />manager or designee shall pursue reasonable attempts to secure voluntary correction, failing which <br />the city manager or designee may issue an order to one or more of the responsible persons to correct <br />the violation. Except where the city manager determines that the violation poses an immediate threat <br />to health, safety, environment or public welfare, the time for correction shall be not less than five <br />calendar days. <br />~4} Notwithstanding subsection ~2} above, the city manager or designee may issue <br />a notice of civil violation without having issued an order to correct violation or made attempts to <br />secure voluntary correction where the city manager or designee determines that the violation was <br />knowing or intentional, or a repeat of a similar violation, or far any violation of sections 6.446, 6.501 <br />to 6.594 or 6.625 to 6.645 of this code or any rules issued thereunder. <br />~6} The notice of civil penalty shall either be served by personal service or shall <br />be sent by registered or certified mail and by fzrst class mail. Any such notice served by maxi shall <br />be deemed received for purposes of any time computations hereunder three days after the date <br />mailed if to an address within this state, and seven days after the date mailed if to an address outside <br />this state. A notice of civil penalty shall include: <br />~a} Reference to the particular code provision or rule involved; <br />fib} A short and plain statement of the matters asserted or charged; <br />~c} A statement of the amount of the penalty or penalties imposed; <br />~d} The date on which the order to correct was issued and time by which <br />correction was to be made, or, if the penalty is imposed pursuant to subsection ~4} a <br />short and plain statement of the basis for concluding that the violation was knowing, <br />intentional, or repeated or a statement that the violation concerned sections 6.446, <br />6.501 to 6.596 or 6.625 to 6.645 of this code or rules issued thereunder; and <br />fie} A statement of the party's right to appeal the civil penalty to a hearings <br />officer. <br />ordinance w 1 <br />