Ordinance No. 19719 - Laserfiche WebLink

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ORDINANCE N0. 19719 AN ORDINANCE CONCERNING AN ADMINISTRATIVE CIVIL PENALTY AND THE ADMINISTRATIVE CODE; ADDING SECTIONS Z.o18, 6.995, AND 0 THE EUGENE CODE, 1911; AMENDING SECTIONS 3.045, 3.995, 8,001, 8.005, 8.040, 8.060, 8.070, AND 8.075 OF THAT CODE; AND REPEALING SECTION 8.004 OF THAT CODE. 9.Il9s~ THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 2.018 is hereby added to the Eugene Code, 1971, to provide: Z . a18 Ci t Mana er - Authori t to Im ose Administrative Civil Penal t . . 41} when the city manager or designee determines that a respon- s~ bl a person has v~ of ated ar ~ s v~ of ati ng any provision of a chapter of thi s code that contains a provision authorizing the imposition of an administra- tive civil penalty, the city manager or designee may impose an administra- tive civil penalty as provided in subsections ~2} t0 X11} of this section. Far purposes of this section, a responsible person shall mean a responsible person as defined by the specific code provision authorizing the i mpos i t i an of the administrative civil penalty. ~Z}, Prior to imposing an administrative civil penalty under this sects on the c ~ ty manager or designee shall pursue reasonable attempts to secure voluntary correction, failing which he/she may issue an order to one or more of the responsible persons to correct the violation. Except where the c~ ty manager determ~ nes that the violation poses an immediate threat to health, safety or public welfare, the time for correction shat 1 be not 1 ess than five calendar days . ~3} Following the date or time by which the correcti an must be completed as required by an order to correct a vi al ati on, the city manager or designee shall determine whether such correction has been completed. If the required correction has not been completed by the date or time speci- f~ed ~n the order, the city manager ar designee may issue a notice of civil violation to each person to whom an order to correct was issued. . ~4} , Notwithstanding subsection ~Z} above, the city manager or designee may issue a non ce of civil violation without having issued an order to correct violation or made attempts to secure voluntary correction, where the city manager or designee determines that the violation was knowin or g ~ntent~onal, or a repeat of a similar violation. ~5} Utilizing the procedure set forth in section 3.012 of this code, the city manager shat 1 adopt by rule ei ther a schedul e of, ar s eci f i c p criteria to be used i n, estab1 i shy ng penalty amounts that may be imposed for particular violations. No administrative civil penalty imposed under this section shall exceed $500 per day. In imposing a penal ty authorized by th i s section, the city manager or designee shall consider: Ordinance - 1