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(4) Enforcement Action. If the encroachment has not been voluntarily <br />eliminated or a revocable permit for the encroachment has not been issued, the City may: <br />(a) Assess penalties against the responsible party in accordance with <br />these Park and Open Space Rules. <br />1. Unless a later date is specified by the City, daily penalties of <br />up to $500 begin to accrue on the 61St day following the City's notification <br />of the encroachment. <br />2. Each day that an encroachment exists constitutes a separate <br />violation of these Park and Open Space Rules. <br />(b) Take action to eliminate the encroachment. <br />1. Action to eliminate the encroachment taken by the City <br />includes, but is not limited to, the initiation of'City-led work to remove the <br />encroachment and charging fees to defray associated costs for the City -led <br />removal work. <br />2. If the responsible party does not comply with fee payment <br />for the removal of the encroachment, the City may take additional <br />enforcement action that includes placing a lien on the responsible party's <br />property. <br />(5) Revocable Permits. <br />(a) The City is authorized to issue a revocable permit for a pedestrian <br />access encroachment if all of the following conditions are met: <br />1. The park encroachment provides pedestrian access to the <br />residence; and <br />2. The park encroachment does not interfere with the public's <br />use and enjoyment of the park; and <br />3. The park encroachment intrudes on park property only to the <br />extent necessary to provide the pedestrian access; and <br />4. The park encroachment existed prior to August 3, 2009; and <br />5. Permittee agrees to pay the annual encroachment fee <br />established by Administrative Order of the City Manager pursuant to <br />Section 2.020 of the Eugene Code, for park property utilized for the <br />pedestrian access. <br />Administrative Order -- Page 27 of 36 <br />