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Admin Order 53-98-03-F
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Admin Order 53-98-03-F
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Last modified
6/10/2010 10:47:42 AM
Creation date
4/14/2009 6:03:19 PM
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Template:
City Recorder
CMO_Document_Type
Admin Orders
Document_Date
5/5/1998
Document_Number
53-98-03-F
CMO_Effective_Date
5/5/1998
Author
James R. Johnson
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<br />(a) A late penalty of an additional ten percent (l 0%) of the total fee plus interest <br />shall be imposed for failure to pay the occupancy fee by the due date, or, if an extension of <br />time has been granted, failure to pay the fee by the extended date; <br /> <br />(b) A penalty in the amount of fifteen percent (15%) of the actual amount due <br />during a quarter shall be imposed for failure to correct an underestimated payment prior to <br />the end of the quarter; <br /> <br />( c ) In addition to any other penalties or interest imposed, the City Manager may <br />impose an administrative civil penalty pursuant to Section 2.018 of the Eugene Code, 1971, <br />for failure to file required reports, failure to pay the required occupancy fee, repeated <br />uncorrected estimated occupancy fee payments, for filing a fraudulent occupancy fee report, <br />or for failure to comply with the change of ownership or occupancy notice requirements as <br />set forth in R-3.655(2)-E-2; <br /> <br />(d) In addition to any other penalties or interest imposed, a penalty of twenty-five <br />percent (25%) of the amount of fee due for the quarter shall be imposed upon a determination <br />by the City Manager that the nonpayment of an occupancy fee for that quarter was due to <br />fraud or intent to evade the payment requirements; <br /> <br />(e) A person who fails or refuses to comply with a determination of the City <br />Manager made pursuant to Section 3.670 of the Eugene Code, 1971, or to petition for <br />reconsideration of that determination within ten days after receipt of the notice, may be <br />subjected to an additional penalty of $50.00 per day for each day thereafter that the amount <br />remains unpaid. <br /> <br />3. Waiver of Interest and Late Penalties. With respect to the first quarter of each <br />fiscal year, no interest or penalties for late filing shall be imposed against a property owner who files <br />the required reports and pays the required fees by November 10 of each fiscal year. <br /> <br />R-3.655(2)-G <br /> <br />Appeals. <br /> <br />1. Initial Review Decisions. A decision of the PDD Development Division Manager <br />or designee issued pursuant to R-3.655(2)-C-3 of this Rule may be appealed to a hearings official <br />pursuant to Section 2.021 of the Eugene Code, 1971. The appeal must be filed with the City <br />Manager within ten days from the date of the decision, accompanied by any required appeal fee. <br /> <br />2. Imposition of Fees and Penalties. A person against whom a determination of the <br />City Manager is made imposing an occupancy fee, penalties, and/or interest based on fraud, intent <br />to evade, or failure or refusal of the person to pay the required occupancy fee, or a person financially <br />interested in that determination, may, within ten days from the date the notice is received, petition <br />the City Manager for a review of the determination. The petition must be accompanied by the <br />amount declared due under the notice from the City Manager, together with a hearing fee as <br /> <br />Administrative Order - 8 <br />
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