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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 /> <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) Fine not to exceed $1,000, or community service <br />as determined by the court (which may include <br />restorative justice), or both. <br /> <br /> <br />Section 4. <br /> Subsections (5) and (6) of Section 4.996 of the Eugene Code, 1971, are <br />added to provide as follows: <br />4.996 Administrative Civil Penalty <br />. <br /> (5) Second and subsequent violations of subsection (1) of section 4.672 of <br />this code within a twelve-month period are subject to the imposition of <br />response costs as defined in section 4.670 of this code. <br />(6) Upon fourth and any subsequent violation of subsection (1) of section <br />4.672 of this code within a twelve-month period, at a property as defined <br />in section 4.670 of this code, the owner of the property is subject to the <br />imposition of response costs as defined in section 4.670 of this code. <br /> <br />Section 5. <br /> The City Recorder, at the request of, or with the consent of the City Attorney, <br />is authorized to administratively correct any reference errors contained herein, or in other <br />provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. <br />Passed by the City Council this Approved by the Mayor this <br /> <br />Ordinance - Page 7 of 8 <br />