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<br />noticeable physical effort to correct the violation, and no visible <br />progress toward correcting the violation. <br /> <br />2. "P" is the frequency of prior violations of ordinances, rules, <br />orders, or permits. The value of "P" is based on prior similar violations <br />verified as valid, regardless of whether enforcement action was taken. The <br />value of "P" shall be: <br /> <br />a. 1, if the present violation is the first violation of this <br />code provision by the responsible person. <br /> <br />b. 2, if the present violation is the. second or subsequent <br />similar violation, but the first similar violation within the past two <br />years. <br /> <br />c. 3, if the present viol~tion IS the second similar <br />violation within the past two years. <br /> <br />d. 5, if the present violation is the third or subsequent <br />similar violation within the past two years. <br /> <br />3. "C" is whether the cause of the violation was an unavoidable <br />accident, negligence, or a reckless or intentional act. The value of "C" shall <br />be: <br /> <br />a. 1, if the violation was caused by an unavoidable <br />accident or was caused by others. This category applies when the <br />civil penalty is assessed either (i) against a person who caused the <br />violation but could not have reasonably foreseen that a violation <br />would occur; or (ii) against a person who is responsible for the <br />property, such as an owner or landlord, but who was not physically in <br />charge of the property when the violation occurred. <br /> <br />b. 2, if the violation was caused by a responsible person's <br />negligence. Negligence is the failure to exercise the care that a <br />prudent person would exercise under the circumstances. This <br />category applies where a person caused a violation by carelessness. <br /> <br />c. 4, if the violation was caused by a responsible person's <br />reckless or intentional acts. A reckless act is marked by a lack of <br />proper caution or disregard for consequences. An intentional act is <br />an act done by intention or design. <br /> <br />Administrative Rule R-2.018 - 6 <br />c:\ WINDOWS\TEMP\OOc20 18-2ao. wpd <br />