Ordinance No. 19862 - Laserfiche WebLink

Home Browse Search

~4~ Any person who receives and complies with the terms of an order issued pursuant to subsection ~3~ of this section may, within 60 days after completion of the required action, petition the city manager far reimbursement for the reasonable costs of such action. If the city manager denies reimbursement, the person may appeal the city manager's denial to a hearings off i cer i n ,accordance with the timelines and procedures established by section 3.060 of this code. To obtain reimbursement, the person must establish by a preponderance of the evidence that the person i s not a respons i bl a party, and that the costs for which the person seeks reimbursement are reasonable i n 1 i ght of the action required by the relevant order; these criteria are the sol e basis for reimbursement. ~5~ If any responsible party fai 1 s without sufficient cause to conduct a removal action as required by an order of the city manager issued under ~subsecti an ~3} of this section, the responsible party shall be l i ab1 a to the city for the qty's removal action costs and for punitive damages Hat to exceed three times the amount of the city's removal action costs. 6.315 Hazardous Substance -Prohibition on Bui 1 di n . Where the city manager has reason to believe that a proposed bui 1 d i ng site i s contaminated by a rel ease of hazardous substances, and that such contamination poses an i~ni Went threat to the public health, safety and welfare, the ci t ~ r Y manager may ref use to ~ ssue a ,bu ~ 1 d~ ng perms t, or where a perms t has been ~ ssued, stop work on the perms t, unt i 1 such time as a removal action i s implemented. If the responsible party can demonstrate that construction and the removal action can occur simultaneously, and satisfies the city manager that the removal action will continue even i f constructi on i s allowed to proceed, the city manager may authorize construction to continue or may issue permits prior to completion of the removal action. In order to ensure completion of the removal action, the city manager may requi re a bond i n an amount sufficient to cover the costs of the removal action. 6.380 Hazardous Substance -,.,,V,iolations In addition to the penalties set forth i n subsections ~8~ , ~9} , and ~ 10} of section 6.990 of th i s code: . ~a} For violations of sections 6.345 to 6.315 of this code, the c~ ty manager may proceed either by imposing an administrative civil penalty pursuant to section 2.018 of this code, except that the amount of the penalty shall be governed by subsection ~b~ of this section or subsections ~8}, ~9} or ~10~ of section 6.990, or by citing responsible party into municipal court. ~b~ In setting the amount of a ci vi 1 penalty, the city manager ~ for an adm~ ni strati ve ci vi 1 penal ty~ and the municipal court shall impose a penalty sufficient t0 deter persons from v~olat~ng sections 6.345 to 6.315 of this code, and shall be not less than three times the economic benefit which the respan s i bl e party would derive i f the violation had not been di scavered. Section 2. Sect i On 6.990 of the Eugene Code, 1911, i s amended by add i n 9 Ord i Hance - 6