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<br />a. 1, for a violation that is not an immediate threat to life <br />or property and has only minor potential consequences, or for a <br />violation that has already caused minor damage. These situations do <br />not pose immediate threats to lives or property such that the violation <br />can be tolerated while corrective action is taken. <br /> <br />b. 2, for a violation that does not pose an immediate <br />threat to life or property, but does pose significant potential adverse <br />consequences, or for a violation that has already caused moderate <br />damage. These situations can be tolerated for a limited period of time <br />with interim measures taken to minimize the threat. <br /> <br />c. 5, for a violation that poses an immediate and direct <br />threat to life or property such that the violation cannot be tolerated, <br />or for a violation that has already caused severe damage. Action must <br />be taken immediately to prevent significant adverse consequences. <br />Corrective action may include removing the hazard or preventing <br />occupancy of the premises. <br /> <br />R-2.018-D <br /> <br />Appeal Procedure. <br /> <br />(1) Appeals and hearings shall be governed by Section 3.060 of the Eugene Code, 1971, <br />and as set forth herein or in other regulations authorized and adopted pursuant to provisions of the <br />Eugene Code, 1971. <br /> <br />(2) The hearings officer shall affirm the administrative civil penalty if the City had <br />authority to impose the administrative civil penalty, the City substantially complied with applicable <br />procedures, and the amount of penalty was properly determined in accordance with R-2.018-C. The <br />hearings officer may modify the amount of the civil penalty based on the record and testimony <br />received at the appeals hearing and the hearings officer's application of the evidence to the criteria <br />contained in R-2.018-C. The hearings officer shall set aside the administrative civil penalty only if <br />the City did not have authority to impose an administrative civil penalty or if the City substantially <br />failed to comply with applicable procedures. <br /> <br />Dated this <br /> <br />lq ~ day of August, 2000. <br /> <br />7\)rl.~~ <br /> <br />James R. Johnson <br />City Manager <br /> <br />ch <br /> <br />Administrative Rule R-2.018 - 8 <br />c:\ WINDOWS\TEMP\OOc20 18-2ao.wpd <br />