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may present testimony and oral argument at the hearing either personally or by counsel. The <br />hearings official shall issue a written decision within ten days of the date of the hearing. The <br />decision of the hearings official is final, and may include a determination that the appeal fee be <br />refunded to the appellant upon a finding by the hearings official that the appeal was not <br />frivolous. <br />2. The hearings official shall affirm the administrative civil penalty if the City had <br />authority to impose the administrative civil penalty, the City substantially complied with <br />applicable procedures, and the amount of penalty was properly determined in accordance with <br />this rule. The hearings official may modify the amount of the civil penalty based on the record <br />and testimony received at the appeals hearing and the hearings official's application of the <br />evidence to the criteria contained in R- 2.018 -C. The hearings official shall set aside the <br />administrative civil penalty only if the City did not have authority to impose an administrative <br />civil penalty or if the City substantially failed to comply with applicable procedures. <br />H. Reports Required by EC 6.615(4) <br />Reports verifying that the stormwater facility is and has been operated and maintained in <br />accordance with EC 6.615(3) that are required by EC 6.615(4) shall be prepared and submitted to <br />the City as follows: <br />1. Reports shall be submitted to the City annually. <br />2. Facility owners shall keep a copy of the reports on file at the facility. <br />3. Reports shall include the following documentation: <br />(a) Current condition of the stormwater facility, including physical properties <br />and vegetation; <br />(b) Maintenance activities performed during the previous year, including <br />dates when maintenance activity was performed and by whom; <br />(c) Inventory of noted problems and corrective actions taken. <br />Dated and effective this 1st day of December , 2011. <br />Jon R. Ruiz <br />City Manager <br />Administrative Order - Page 12 of 12 <br />