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HomeMy WebLinkAboutAdmin Order 44-92-10 ADMINISTRATIVE ORDER NO. L-ltf- CJ.~- If) of the City Manager of the City of Eugene DESIGNATING ADMINISTRATION AND ENFORCEMENT AUTHORI'IY FOR mE CI1Y'S SOLID FUEL SPA€E HEATING PROGRAM TO LRAPA The City Manager of the City of Eugene finds that: A. In an effort to minimize the adverse effects that degradation of air quality has on the health, safety and welfare of the citizens of Eugene, provisions restricting the use of solid fuel space heating devices during air pollution episodes were added to the Eugene Code, 1971 (EC) by the Council on November 5, 1990, and subsequently amended in part on December 2, 1991. B. Under the enforcement provisions of EC Sections 6.265 and 6.990(2), persons who violate the prohibitions set forth in EC Section 6.255 may be subjected to the imposition of an administrative penalty not greater than $500 and/or a fine of not less than $50 nor more than $500 for each day the violation exists. C. EC Section 6.265 specifically authorizes the City Manager to designate the Lane Regional Air Pollution Authority (LRAPA) to enforce and administer the provisions of EC 6.255 to 6.265 as the City Manager's designee, and to utilize its own duly promulgated administrative hearing procedures in doing so. It would be in the public interest to make such a designation at this time. Therefore, based upon the above findings, which are hereby adopted, and pursuant to the authority contained in Sections 6.265 of the Eugene Code, 1971, The City Manager of the City of Eugene hereby orders that: 1. LRAPA, as designee of the City Manager, is authorized to administer and enforce the City's solid fuel space heating devices program as set forth in Sections 6.250 to 6.265 of the Eugene Code, 1971. LRAPA is further authorized to utilize its own duly promulgated administrative and hearing procedures with respect to City of Eugene violations. 2. Any administrative penalties or fines levied and collected by LRAPA for violation of EC 6.255 shall be forwarded to the City's Administrative Services Director by LRAPA, for deposit in the appropriate fund or funds. 3. A copy of this Order shall be forwarded to LRAPA and to the City's Administrative Order - 1 Administrative Services Director. Dated and effective this ~ day of ~ 1992. <{f.. Administrative Order - 2