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<br />a responsible person for a violation of any provision of Chapters 3, 6, 8 or 9 of the Eugene Code, <br />1971, or regulations adopted thereunder. Prior to imposition of an administrative civil penalty the <br />enforcement officer or designee shall provide the responsible person with written notice of the <br />violation and an opportunity to correct the violation of not less than five days unless the violation <br />poses an immediate threat to health, safety, environment or public welfare. However, if the violation <br />is intentional, knowing, or repetitive, no written notice or opportunity to correct is required prior to <br />imposition of the administrative civil penalty. <br /> <br />(2) If the violation has not been corrected in the manner or within the time required in <br />the written notice of violation, or if the violation is intentional, knowing, or repetitive, the <br />enforcement officer may issue a Notice of Civil Penalty. <br /> <br />(3) The Notice of Civil Penalty shall: <br /> <br />( a) Be in writing, signed by the enforcement officer; <br /> <br />(b) Describe the nature of the violation and specify the section of the <br />Eugene Code, 1971 or provision of these Regulations violated; <br /> <br />( c) Specify the amount of penalty imposed; <br /> <br />(d) State, as applicable, either: <br /> <br />1. The date on which the order to correct violation was issued <br />and the date by which correction was to be made; or <br /> <br />2. If the Notice of Civil Penalty is issued without prior written <br />notice of violation, a short and plain summary of the basis for concluding that <br />the violation was intentional, knowing, or repetitive; <br /> <br />( e) State the starting date of the penalty. Each day that the violation <br />continues to exist is a separate violation for which the penalty will be assessed. The <br />penalty assessments will continue daily until the corrections are made; <br /> <br />(1) State that the responsible person receiving the Notice of Civil Penalty <br />has the right to appeal to a hearings officer within ten days after the Notice of Civil <br />Penalty is served on the responsible person. <br /> <br />(4) The amount of civil penalty assessed shall be determined in accordance with R-2.018- <br /> <br />C. <br /> <br />(5) The Notice of Civil Penalty shall be mailed to a responsible person by certified mail, <br />return receipt requested, and by regular mail, or served personally on a responsible person. <br /> <br />Administrative Rule R-2.018 - 4 <br />c:\ WINDOWS\ TEMP\OOc20 18-2ao.wpd <br />