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Admin Order 58-11-09-F
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Admin Order 58-11-09-F
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Last modified
3/23/2012 11:58:43 AM
Creation date
12/2/2011 2:04:28 PM
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Template:
City Recorder
CMO_Document_Type
Admin Orders
Document_Date
12/1/2011
Document_Number
58-11-09-F
CMO_Effective_Date
12/1/2011
Author
CRO
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becomes final constitutes a violation of these rules and the Eugene Code, 1971. Each day <br />thereafter that the penalty remains unpaid shall constitute a separate violation. In addition to any <br />other enforcement mechanisms authorized by the Eugene Code, 1971, these rules, or federal or <br />state law, the enforcement officer may withhold issuance of requested licenses or permits, issue a <br />stop work or cease and desist order, or revoke or suspend any issued licenses or permits if the <br />responsible person fails or refuses to pay an administrative civil penalty imposed pursuant to <br />these rules. If the violation resulting in the imposition of the administrative civil penalty <br />occurred on real property and the penalty remains unpaid for a period of 30 days or more after <br />becoming final, the full amount of the unpaid penalty and/or fine shall be assessed against the <br />real property upon which the violation occurred and entered as a lien in the docket of City liens. <br />Notice of the assessment and docketing shall be given to the responsible person at the time the <br />assessment is made. Interest at the rate prescribed by Section 2.022 of the Eugene Code, 1971 <br />shall commence on the date the lien is entered on the lien docket, and the lien shall be enforced <br />in the same manner as liens for street improvements. <br />4. Service of Notices /Orders All notices /orders shall be served by personal service <br />or sent by certified mail and first class mail. Any notice /order served by mail shall be deemed <br />received for purposes of any time computations hereunder, three days after the date mailed, if to <br />an address within this state, and seven days after the date mailed, if to an address outside this <br />state. <br />5. Remedies not Exclusive The enforcement mechanisms set forth herein are not <br />exclusive, and are in addition to any other remedies available under provisions of the Eugene <br />Code, 1971 and federal and state law. <br />6. Administrative Compliance Order The enforcement officer may issue an <br />Administrative Compliance Order for any violation. The Order shall be in writing, specify the <br />violation(s) and require compliance measures. The Order may also include an Administrative <br />Civil Penalty for the violation. <br />G. Appeals <br />1. Following the procedures set forth in Section 2.021 of the Eugene Code, 1971, a <br />responsible person to whom a Notice of Violation or Notice of Civil Penalty is .issued may <br />appeal the enforcement officer's determination to the City Manager. The appeal must be in <br />writing, filed with the City Manager within 15 days from the date of the notice, and be <br />accompanied by the fee established by the City Manager pursuant to Section 2.020 of the <br />Eugene Code, 1971. The appeal shall state the name and address of the appellant, the nature of <br />the determination being appealed, the reason the determination is incorrect, and what the correct <br />determination of the appeal should be. Failure to file such a statement within the time or in the <br />manner required waives the appellant's objections, and the appeal shall be dismissed. At least <br />ten days prior to the hearing, the City shall mail notice of the time and place of the hearing to the <br />appellant. The hearings official shall hear and determine the appeal on the basis of the <br />appellant's written statement and any additional evidence deemed appropriate. The appellant <br />Administrative Order - Page 11 of 12 <br />
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