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R-675 s. 2000 - HLURB

R-675 s. 2000 - HLURB

R-675 s. 2000 - HLURB

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C. General Rules in Imposition of Fines/PenaltiesIn the Imposition of Fines/Penalties, the following Rules shall apply:1. In the absence of any mitigating or aggravating circumstances theMedium Range of Penalties shall apply;2. Each circumstance shall be generally considered as of equalweight, i.e., one mitigating circumstance shall be equivalent to, andshall offset or cancel an aggravating circumstance, except infollowing cases:a. Special Aggravating circumstance of repeated violation shallbe offset only by two (2) mitigating circumstances.b. Lack of foreknowledge, ignorance of the law, where any oneof the circumstances mentioned in II D.6. are absent, whichshall be considered as a privileged mitigating circumstancethat can be offset only by two (2) aggravating circumstances.3. Within each range (minimum, medium, maximum) there shall beequal sub-ranges based on project classification by land use'intensity (e.g. R1, R2, C1, C2, 11, 12, etc.) with those lowest inintensity being imposed the minimum amount for each range andthose highest in intensity, the maximum amount in the range;4. Within each sub-range shall be "High" and "Low" periods with theapplicability of the periods in question being dependent on thepresence or absence of local zoning regulations at the time theoffense is committed;5. To determine the extent of a period or a sub-range, the sum of theminimum and maximum amounts of each periods or sub-rangeshall be divided by the number of periods/sub-range to be createdand the resulting quotient shall be considered as the extent of suchperiod or sub-range, which shall then be reckoned from theminimum amount of the range or the maximum amount of thepreceding sub-range, as the case may be.

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