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Admin Order 58-00-01-F
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Admin Order 58-00-01-F
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Last modified
6/10/2010 10:48:14 AM
Creation date
5/28/2008 12:03:24 PM
Metadata
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Template:
City Recorder
CMO_Document_Type
Admin Orders
Document_Date
3/30/2000
Document_Number
58-00-01-F
CMO_Effective_Date
3/30/2000
Author
Christine Andersen
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<br />(b) No more than 2 (two) time extensions shall be granted. <br /> <br />(c) No additional trees may be removed under a time extension. <br /> <br />R-6.305-G <br /> <br />ENFORCEMENT. <br /> <br />1. Abatement. If a violation of EC 6.300 - 6.330, this rule, or a condition of a permit <br />is occurring and the enforcement officer finds that failure to act promptly will seriously prejudice <br />the public health, welfare, or environment, the enforcement officer may initiate abatement <br />proceedings pursuant to EC Sections 6.005 to 6.115, and may, at the same time, issue a Notice of <br />Civil Penalty, without issuing any prior orders or attempting to secure voluntary compliance or <br />correction of the violation. <br /> <br />2. Notice to Correct. When the enforcement officer finds a violation ofEC 6.300 - <br />6.330, this rule, or a condition of a permit is occurring, and the enforcement officer believes that the <br />violation may be corrected and, when corrected, will prevent or fully remediate any harm from the <br />violation, the enforcement officer may, in his or her discretion, issue a Notice to Correct to the <br />responsible person. A Notice to Correct shall identify the condition constituting the violation and <br />the time within which the correction is to be made. In addition to any other penalties that may be <br />imposed for the original violation, a failure to comply with a Notice to Correct is a violation subject <br />to the penalties provided in these rules. A Notice to Correct is not appealable. <br /> <br />3. Stop Work Order. Upon finding an activity is occurring that violates EC 6.300 - <br />6.330, this rule, or a condition of a permit, the enforcement officer may issue a stop work order to <br />the responsible person. The stop work order need not require the cessation of all operations on the <br />premises, only those activities causing or contributing to the violation. In addition to any other <br />penalties that may be imposed, failure to comply with the enforcement officer's order issued under <br />this subsection constitutes a violation of this rule and the provisions of Chapter 6 of the Eugene <br />Code, 1971 under which it is promulgated, punishable as set forth in EC Sections 6.990, 6.992, and <br />6.995. <br /> <br />4. Notice of Violation. The enforcement officer may issue a notice of violation to a <br />responsible person who fails to obtain the proper permit for felling a tree, fails to adhere to a <br />condition of a permit, fails to comply with a Notice to Correct, fails to comply with a stop work <br />order, or violates EC sections 6.300 - 6.330 or this rule. <br /> <br />5. Administrative Civil Penalty. Following the procedures set forth in paragraphs I <br />and J of this rule, the enforcement officer may issue a notice of violation and impose an <br />administrative civil penalty upon a responsible person for violation of the provisions of EC sections <br />6.300 - 6.330, this rule, or a condition of a permit. Failure to pay the administrative civil penalty <br />within ten days after it becomes final constitutes a violation of this rule and the Eugene Code, 1971. <br />In addition to any other enforcement mechanisms authorized by the Eugene Code, 1971, this rule, <br />or federal or state law, the enforcement officer may withhold issuance of requested licenses or <br />permits, issue a notice to correct, stop work order, or revoke or suspend any issued licenses or <br /> <br />Administrative Order - 9 <br /> <br />r: \adminord\rule\OOtreerem2ao. wpd(03/14/00) <br />
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