Or. Admin. R. 736-080-0030 - Notice of Violation

(1) The party responsible for an ocean shore violation, or the landowner if the violation occurs on private property within the ocean shore, shall be notified of the violation at such time as the Director determines a violation has occurred. Notice has been given when the notice of violation has been delivered to the responsible party in person or mailed to the responsible party by certified or registered mail.

(2) The notice of violation shall include:

(a) The statute(s), rule(s), permit condition(s), standard(s) or order violated;

(b) A description of the violation;

(c) The date the violation occurred or was observed;

(d) The address, legal description or other locational description of the property where the violation occurred;

(e) The specified time(s) for correction of the violation; and

(f) The specific actions to be taken to correct the violation. The specific corrective actions set forth in the violation notice may include all or any combination of the following options in addition to any other measures the Director may deem appropriate:

(A) Filing an after the fact application, except in those cases where the proposed project is prohibited by statute or rule;

(B) Removing the ocean shore project in violation; and

(C) Taking initial corrective measures specified in the violation notice as necessary to promote the public health, safety and welfare and avoid, prevent or minimize damage to the ocean shore and its natural, scenic, recreational, and economic values.

(g) The date on which a civil penalty will start accruing if the violation is not corrected as described in subsections (e) and (f) of this rule, except that the Director may decide to impose a civil penalty as described in section (4) of this rule even in cases where appropriate and timely corrective action is taken.

(3) If the responsible party corrects the violation within the required time and as specified in the notice of violation, the Director may waive the imposition of a civil penalty.

(4) If the violation is not corrected in the time specified in the violation notice, or if the Director determines that the violation is willful, flagrant, of substantial or long-term impact, or that the responsible party is a repeat violator, the Director may impose a civil penalty according to the procedures described in these rules.

(5) Each day a violation continues after the time for correction specified in the violation notice, shall be considered a new day for purposes of assessing a civil penalty. The maximum civil penalty is $10,000 per day of continuing violation.

Notes

Or. Admin. R. 736-080-0030

PRD 7-2000, f. & cert. ef. 5-10-00

Stat. Auth.: ORS 390.124

Stats. Implemented: ORS 390.605 - ORS 390.770 & ORS 390.990 - ORS 390.995