Laserfiche WebLink
<br />(6) The Notice of Civil Penalty shall be deemed served for purposes of any time <br />computations hereunder on: the date the notice is served personally on the responsible person; three <br />days after the date the notice i~ mailed to the responsible person at an address within the state of <br />Oregon; or seven days after the date the notice is mailed to a responsible person outside of this state. <br /> <br />(7) The civil penalty shall become final upon expiration of the time for filing an appeal, <br />unless a responsible person properly appeals pursuant to Section 3.060 of the Eugene Code, 1971 <br />or other duly adopted regulations. If appealed, the penalty shall become final, if at all, upon the <br />hearing officer's decision affirming the imposition of the civil penalty. <br /> <br />R-2.018-C <br /> <br />Determination of Amount of Penalty. <br /> <br />The amount of the administrative civil penalty to be assessed under R-2.018-B shall be <br />determined in accordance with the following formula, as described herein. <br /> <br />(a) The dollar amount of the assessment per day is calculated by <br />multiplying the amount of the BASE (subsection (b)) by the MULTIPLIER <br />(subsection (c)) and multiplying that by $10.00. Notwithstanding this formula, the <br />maximum assessment for a violation per day shall be $2,000.00. <br /> <br />(b) The BASE is the sum of "E" plus "P" plus "C" plus "N" where: <br /> <br />1. "E" is the effort made by the responsible person in taking all <br />. feasible steps or procedures necessary or appropriate to correct the violation. <br />The value of"E" shall be: <br /> <br />a. 0, if the responsible person has made an active attempt <br />to correct the violation. An active attempt requires a physical effort <br />resulting in significant progress toward correcting the violation. <br />Verbal communication does not itself constitute an active attempt, but <br />it may be considered as a part of the necessary effort. <br /> <br />b. 1, if the person has made minor attempts to correct the <br />violation. A minor attempt includes a physical effort that results in <br />no significant progress toward correcting the violation. Verbal <br />communication does not itself constitute a minor attempt, but it may <br />be considered as a part of the necessary effort. <br /> <br />c. 2, if the person took little or no action whatsoever to <br />correct the violation, or if the violation was so severe as to require <br />immediate civil penalties. Little or no action includes verbal contact <br />or assurances that the problem will be resolved, but with no <br /> <br />Administrative Rule R-2.018 - 5 <br />c:\ WINDOWS\TEMP\OOc20 18-2ao. wpd <br />