Admin Order 58-22-27-F -- Final Airport Rule and Minimum Standards

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11 III. Penalties a. The City intends to promote voluntary compliance with the Rules and Standards without resort to administrative fines and penalties. When a violation of the Rules and Standards is brought to the attention of the Airport, the Airport Director may issue a written notice of violation directing the offender to cease the violation and/or take corrective action within a reasonable cure period determined by the Airport Director. The Airport Director may waive the imposition of any penalties prescribed herein upon the successful completion of corrective action within the cure period by a Person who has violated the Rules and Standards. b. If the violation is not corrected within the cure period, the violation of any provision of these Rules and Standards is punishable by the applicable fine in the airport fine schedule set by administrative order. Each day a violation occurs will constitute a separate violation. In addition to, and not in lieu of the fines imposed by this section, the Airport Director may impose an administrative civil penalty upon the violator as provided in section 2.018 of the Eugene Code, 1971. Enforcement may also include, but is not limited to, any or all of the following: (a) revocation of Airport-Issued Identification Media temporarily or permanently; (b) revocation or termination of an Agreement issued by the City; (c) termination of Leases and eviction; or(d) removal from the Airport; and any other remedies available to the City. c. Notwithstanding the imposition of any penalty hereunder, nothing herein shall prohibit a Person from accessing the Airport for the purpose of flying as a ticketed passenger of a commercial air carrier with the prior Approval of the Airport Director. d. Violations of the Rules and Standards may also constitute a breach of an Agreement, and the City may pursue any remedies set forth in such Agreement, including without limitation termination and/or eviction.. In the event of such termination, the Tenant must peaceably vacate the premises on the Airport removing all personal property, surrender any Airport- Issued Access Media, and possession of the premises shall revert to the City free and clear. The Tenant must also cease all operations involving the Airport and will have no further right to conduct business at the Airport. If the Tenant fails to make such surrender, the City will have the right, immediately and without further notice to the Tenant, to terminate all Airport-Issued Access Media, to enter and take full possession of the space occupied by the Tenant at the Airport by force or otherwise, and remove any and all parties, goods and properties not belonging to the City found within or upon the same, at the sole expense of the Tenant. e. The City may decline to enter into an Agreement with any Person found to have violated the Rules and Standards or any previously adopted rules within the previous five (5) years of the adoption of these Rules and Standards. f. In addition to all other rights and remedies provided in these Rules and Standards, the City continues to have any and all rights and remedies at law or in equity, including the equitable remedy of injunction, to enforce the Rules and Standards, to obtain compliance herewith, and to impose administrative fines and penalties. SECTION D. -- LEASING POLICY I. General The City may confer the right of exclusive, preferential, or joint use possession of a portion of the Airport by means of an Agreement. All Agreements will be: (1) for a defined period of time, (2) in writing, and (3) will not be effective unless and until approved by the City and signed by the appropriate parties. The City may establish a Leasing Policy that further establishes guidelines and standards for Agreements involving the leasing of Airport property. Such Leasing Policy will be reviewed periodically.