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Ordinance No. 19994
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Ordinance No. 19994
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Last modified
6/10/2010 3:48:15 PM
Creation date
11/21/2008 2:56:28 PM
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Council Ordinances
CMO_Document_Number
19994
Document_Title
Ordinance restricting the sale & use within Eugene of certain products containing ozone-depleting chemicals; and adding sections 6.700, 6.705, 6.710, 6.715, 6.720, & 6.725 to the Eugene Code, 1971.
Adopted_Date
12/7/1994
Approved Date
12/7/1994
CMO_Effective_Date
1/7/1995
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appellant may file the appeal, shall be governed by section 2.021, <br />6.720 Ozone Protection -Civil Penalty. <br />~1} If the city manager determines that a person is violating the prohibitions <br />contained in section 6.710, the city manager shall issue a notice of violation which informs <br />the person of the violation and provides information regarding sections 6.700 to 6.725 and <br />alternative chemicals, products and informational sources. A notice of violation issued <br />pursuant to this subsection is not appealable. <br />~2} If the city manager determines that a person who received a notice of <br />violation under subsection ~1} is violating any provision of sections 6.700 to 6.725 following <br />60 days from the date of the notice of violation, the city manager shall issue, pursuant to <br />subsection ~5} of this section, a notice of imposition of an administrative civil penalty of <br />$500. <br />~3} Each subsequent violation shall subject the person to an administrative <br />civil penalty of $1,000 per violation. For purposes of this section, a "subsequent violation" <br />means any violation of sections 6.700 to 6.725 which occurs after the date of the previous <br />notice imposing an administrative civil penalty. <br />~4} Notwithstanding the provisions of sections 2.018 and 6.995 of this code, <br />this section shall govern the amount of the administrative civil penalties for violations of <br />sections 6.700 to 6.725, Any such administrative penalties shall be in addition to, and not <br />in lieu of, any other penalty authorized by section 6.992 or any other action authorized by <br />law. <br />~5} Notices of administrative civil penalties and appeals of those notices <br />shall be governed by subsections (6} to X11} of section 2.018. <br />6.72 z,_ <br />- one _Protection - Rulemak Q. The city manager shall adapt, pursuant to <br />section 2.019 of this code, administrative rules to implement sections 6.740 to <br />6.725. Such rules shall include, but need not be limited to: <br />~a} Additional and more detailed definitions of the words and terms <br />used in sections 6.700 to 6.725; <br />fib} A list of ozone-depleting chemicals and products which cannot <br />be sold or used; <br />~c} A list of acceptable building insulations far purposes of <br />subsection ~2} of section 6.710; <br />~d} Criteria and methodology far determining whether a chemical <br />or product should be added to the list referred to in subsection fib} of this <br />section, including criteria for determining whether ozone-safe substitutes are <br />available far chemicals which are harming the ozone layer; and <br />fie} Criteria and methodology far determining whether to grant an <br />exemption referred to in subsection ~2} of section 6.715; and <br />~f} A process for receiving and responding to complaints from <br />citizens about alleged violations of these code sections. <br />ordinance - 5 <br />
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