Admin Order 58-96-26-F - Laserfiche WebLink

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with applicable provisions of the Eugene Code, 1971, these rules, an erosion prevention permit, conditions imposed thereon, or an administrative compliance order, the enforcement officer may issue to the person a Notice of Imposition of an administrative civil penalty pursuant to the provisions of Section 2.018 of the Eugene Code, 1971. 6. Service. All notices/orders shall be served by personal service or sent by certified mail and first class mail. Any notice/order served by mail shall be deemed received for purposes of any time computations hereunder, three days after the date mailed, if to an address within this state, and seven days after the date mailed, if to an address without this state. 7. Penalties Not Exclusive. Any administrative civil penalty imposed pursuant to this section shall be in addition to, and not in lieu of, any other penalty authorized by Section 6.992 of the Eugene Code, 1971, or any other action authorized by law. 8. Settlement of Administrative Civil Penalty Assessment. Upon receipt of Notice of Administrative Civil Penalty Assessment, the violator may request a conference with the City Manager or designee. The City Manager or designee may compromise or settle any unpaid administrative civil penalty assessment where authorized under Section 2.582 of the Eugene Code, 1971. A request under this paragraph shall not act as a stay, or otherwise affect the filing or processing of an appeal under R-6.645-I. R-6.645-I Appeals. 1. Stop Work Order. Administrative Civil Penalty. Administrative Compliance Order. Any person to whom a Stop Work Order, Notice of Imposition of an Administrative Civil Penalty or Administrative Compliance Order is issued pursuant to these rules may appeal that determination to the City Manager. A Stop Work Order or Administrative Compliance Order shall be effective upon issuance, and shall continue in effect during the pendency of any appeal. 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 appellant's 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 determine the appeal on the basis of the appellant's 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. Erosion Prevention Administrative Rule R-6.645 - 21