Admin Order 58-95-11-F - Laserfiche WebLink

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copy of the notice, and shall state with particularity wherein the determination of the enforcement officer was in error. At the time the notice of appeal is filed, the appellant shall also serve a copy of the notice of appeal and the appellant1s statement on the party against whom enforcement action is requested. The City Manager shall consider .. the enforcement officer1s notice, any materials submitted by the appellant, and/or - alleged violator, and within 30 days thereafter render a written decision affirming the enforcement officer1s decision, modifying that decision, or granting the appeal and directing the enforcement officer to proceed with enforcement action. The decision of the City Manager shall be final. 2. Administrative Civil Penalty. Any person to whom a Notice of Imposition of an Administrative Civil Penalty is issued pursuant to R-6.725-G-2-3 of these rules may appeal that determination to the City Manager. The notice of appeal must be in writing, and filed with the City Manager within 15 days from the date of the Notice being appealed. The appeal shall state the name and address of the appellant, the nature of the determination being appealed, the reason the determination is incorrect, and what the correct determination of the appeal should be. Failure to file such a statement within the time or in the manner required waives the appellant1s objections, and the appeal shall be dismissed. Unless the appellant and City agree to a longer time period, the appeal shall be heard by a hearings official within 30 days of receipt of the notice of appeal. At least ten days prior to the hearing, the city shall mail notice of the time and place of the hearing to the appellant. The hearings official shall hear and determ ine the appeal on the basis of the appellant1s written statement and any additional evidence deemed appropriate. The appellant may present testimony and oral argument at the hearing either personally or by counsel. The hearings official shall issue a written decision within ten days of the date of the hearing. The decision of the hearings official is final, and may include a determination that the appeal fee be refunded to the appellant upon a finding by the hearings official that the appeal was not frivolous. 3. Appeal Fees. Appeals filed under this section shall be accompanied by an appeal fee in an amount established by the City Manager pursuant to Section 2.020 of the Eugene Code, 1971. Public notice of this proposed rule shall be given by making copies thereof available to any person who has requested such notice and by publication thereof in the Register Guard, a newspaper of general circulation within the City for at least five day~, providing interested persons an opportunity of not less than 15 days to submit data or comments thereon. If no valid comments or objections are received within the time and in the manner prescribed in the notice, the proposed rule as contained herein will be adopted and become effective immediately thereafter. Dated this / () day of ()c ~2~.LL2 MiChea}26:-Glea n City. Manage , 1995. Ozone Protection Administrative Rule - 8 10/17/95