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(a) Person(s) responsible for the gathering; or <br />(b) Person(s) in charge of the premises, if different that the person specified <br />in (4)(a); or <br />(c) Owner(s) of the premises, if different than the persons specified in (4)(a) <br />and (4)(b), and who are present at any subsequent gathering within the <br />90 day period specified in subsection (3) of this section on the same <br />premises where they received the “First Response Warning Notice” that <br />gives rise to liability for payment of the special response fee shall be <br />jointly and severally liable for the full amount of the fees imposed. <br />(5) <br /> Adoption of Special Response Fee Schedule. The city manager shall adopt a <br />fee schedule, billing procedures and other matters necessary for the <br />administration of this section in the manner provided in section 2.020 of this <br />code. <br />(6) <br /> Special Response Cost Recovery - Collection. A statement for the costs <br />incurred by the city for each subsequent police response shall be delivered to <br />each notice recipient liable for payment pursuant to subsection (3) of this <br />section. The amount shall constitute a debt due to the city from each notice <br />recipient, may be collected in any manner authorized by law, and is <br />recoverable in a civil action brought in the name of the city in a court of <br />competent jurisdiction for recovery of the amount plus reasonable attorney <br />fees. A full refund of funds paid by an individual notice recipient will be issued <br />to any notice recipient who has paid any portion of a special response fee <br />assessed pursuant to subsection (3) of this section, if the notice recipient can <br />demonstrate that all persons cited or arrested at the gathering for which the <br />fee has been assessed were acquitted in court. For purposes of this section, <br />the term acquitted does not include cases that are dismissed pursuant to the <br />successful completion of any Eugene Municipal Court or City Prosecutor <br />diversion agreement. <br />(7) <br /> Special Response Cost Recovery - Appeal. A person who is issued a <br />statement of costs under subsection (6) of this section may appeal in the <br />manner provided by section 2.021 of this code. The appeal shall be heard <br />and determined by a hearings officer in the manner set forth in section 2.021 <br />of this code. <br />(8) <br /> Remedies Not Exclusive. The remedies set forth in this section are <br />nonexclusive and are in addition to any and all other remedies available to the <br />city as provided by operation of law.] <br /> <br /> <br /> Section 3. <br /> Subsection (1) of Section 4.990 of the Eugene Code, 1971, is amended by <br />adding the following entry in numerical order to the list of penalties as follows: <br />4.990 Penalties - Specific <br />. <br />(1) <br /> Violation of the following sections is punishable by fine or confinement in jail, <br />or both, up to the amounts indicated opposite each. In addition, the court may <br />order any treatment, related to the violation, deemed necessary for <br />rehabilitation of the offender and the safety of the community. <br /> <br />Section Penalty <br />4.672(1) $500 fine for first offense; <br />Ordinance - Page 6 of 7 <br /> <br />