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<br />ADMINISTRATIVE ORDER NO. L-ltf- CJ.~- If) <br />of the <br />City Manager of the City of Eugene <br /> <br />DESIGNATING ADMINISTRATION AND ENFORCEMENT AUTHORI'IY FOR <br />mE CI1Y'S SOLID FUEL SPA€E HEATING PROGRAM TO LRAPA <br /> <br />The City Manager of the City of Eugene finds that: <br /> <br />A. In an effort to minimize the adverse effects that degradation of air quality <br />has on the health, safety and welfare of the citizens of Eugene, provisions restricting the <br />use of solid fuel space heating devices during air pollution episodes were added to the <br />Eugene Code, 1971 (EC) by the Council on November 5, 1990, and subsequently amended <br />in part on December 2, 1991. <br /> <br />B. Under the enforcement provisions of EC Sections 6.265 and 6.990(2), persons <br />who violate the prohibitions set forth in EC Section 6.255 may be subjected to the <br />imposition of an administrative penalty not greater than $500 and/or a fine of not less than <br />$50 nor more than $500 for each day the violation exists. <br /> <br />C. EC Section 6.265 specifically authorizes the City Manager to designate the <br />Lane Regional Air Pollution Authority (LRAPA) to enforce and administer the provisions <br />of EC 6.255 to 6.265 as the City Manager's designee, and to utilize its own duly <br />promulgated administrative hearing procedures in doing so. It would be in the public <br />interest to make such a designation at this time. <br /> <br />Therefore, based upon the above findings, which are hereby adopted, and pursuant <br />to the authority contained in Sections 6.265 of the Eugene Code, 1971, <br /> <br />The City Manager of the City of Eugene hereby orders that: <br /> <br />1. LRAPA, as designee of the City Manager, is authorized to administer and <br />enforce the City's solid fuel space heating devices program as set forth in Sections 6.250 <br />to 6.265 of the Eugene Code, 1971. LRAPA is further authorized to utilize its own duly <br />promulgated administrative and hearing procedures with respect to City of Eugene <br />violations. <br /> <br />2. Any administrative penalties or fines levied and collected by LRAPA for <br />violation of EC 6.255 shall be forwarded to the City's Administrative Services Director by <br />LRAPA, for deposit in the appropriate fund or funds. <br /> <br />3. A copy of this Order shall be forwarded to LRAPA and to the City's <br /> <br />Administrative Order - 1 <br />