Admin Order 53-01-03-F - Laserfiche WebLink

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1. Imposition of Administrative Civil Penalty. Except as modified in this Subsection or R-3.515-K, the City Manager may issue a notice of violation and impose an administrative civil penalty upon the licensee in the manner provided in Section 2.018 of the Eugene Code, 1971 for violation of the provisions of Sections 3.500 to 3.515, this Rule, or a condition of a tobacco products retail license. Notwithstanding the provisions of Subsection 2.018(2), no notice to correct shall be issued prior to imposition of an administrative civil penalty. Failure to pay the administrative civil penalty within ten days after it becomes final constitutes a violation of this rule and the Eugene Code, 1971. In addition to any other enforcement mechanisms authorized by the Eugene Code, 1971, this rule, or federal or state law, the City Manager may withhold issuance of requested licenses or revoke or suspend any issued licenses if the licensee fails or refuses to pay an administrative civil penalty imposed pursuant to this rule within the ten day period. If the violation resulting in the imposition of the administrative civil penalty occurred on real property and the penalty remains unpaid for a period of 30 days or more after becoming final, the full amount of the unpaid penalty . and/or fine shall be assessed against the real property upon which the violation occurred and entered as a lien in the docket of City liens. Notice of the assessment and docketing shall be given to the property owner at the time the assessment is made. Interest at the rate prescribed by Section 2.022 of the Eugene Code, 1971 shall commence on the date the lien is entered on the lien docket, and the lien shall be enforced in the same manner as liens' for street improvements. 2. Service. All notices/orders shall be served by personal service or sent by certified mail and first class mail. Any notice/order served by mail shall be deemed received for purposes of any time computations hereunder, three days after the date mailed, if to an address within this state, and seven days after the date mailed, if to an address without this state. 3. Penalties Not Exclusive. Any administrative civil penalty imposed pursuant to this section shall be in addition to, and not in lieu of, any other penalty authorized by Section 3.990(2) of the Eugene Code, 1971, or any other action authorized by law. R-3.515-K Determination of Amount of Civil Penalty. 1. Civil Penalty Formula. If the civil penalty is imposed for violation of Section 3.500 of the Eugene Code, 1971, the amount to be assessed shall be determined in accordance with the formula contained in Administrative Rule R-2.018. If the civil penalty IS imposed for violation of Sections 3.510(1)(2) of the Eugene Code, 1971, the amount of the administrative civil penalty to be assessed under R-3.515-J shall be determined in accordance with the following formula: (a) The dollar amount of the assessment per day is calculated by multiplying the amount of the BASE (subsection (b)) by $10.00. Notwithstanding this formula, the maximum assessment for a violation per day shall be $2,000.00. (b) The BASE is the sum of"E" plus "P" plus "C" plus "K" where: Administrative Order - 7 r:\adminord\rules\O 1 tobsales2ao.wpd(03/07/0 1)