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Stormwater Erosion
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Stormwater Erosion
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7/9/2014 4:04:38 PM
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PW_Division
Parks and Open Space
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provisions of Section 2.018 of the Eugene Code, 1971. <br /> 6. Service. All notices /orders shall be served by personal service or sent by certified <br /> mail and first class mail. Any notice /order served by mail shall be deemed received for purposes of <br /> any time computations hereunder, three days after the date mailed, if to an address within this state, <br /> and seven days after the date mailed, if to an address without this state. <br /> 7. Penalties Not Exclusive. Any administrative civil penalty imposed pursuant to this <br /> section shall be in addition to, and not in lieu of, any other penalty authorized by Section 6.992 of <br /> the Eugene Code, 1971, or any other action authorized by law. <br /> S. Settlement of Administrative Civil Penalty Assessment. Upon receipt of Notice <br /> of Administrative Civil Penalty Assessment, the violator may request a conference with the City <br /> Manager or designee. The City Manager or designee may compromise or settle any unpaid <br /> administrative civil penalty assessment where authorized under Section 2.582 of the Eugene Code, <br /> 1971. A request under this paragraph shall not act as a stay, or otherwise affect the filing or <br /> processing of an appeal under R- 6.645 -I. <br /> R- 6.645 -I Appeals. <br /> 1. Stop Work Order, Administrative Civil Penalty, Administrative Compliance <br /> Order. Any person to whom a Stop Work Order, Notice of Imposition of an Administrative Civil <br /> Penalty or Administrative Compliance Order is issued pursuant to these rules may appeal that <br /> determination to the City Manager. A Stop Work Order or Administrative Compliance Order shall <br /> be effective upon issuance, and shall continue in effect during the pendency of any appeal. The <br /> notice of appeal must be in writing, and filed with the City Manager within 15 days from the date <br /> of the Notice being appealed. The appeal shall state the name and address of the appellant, the <br /> nature of the determination being appealed, the reason the determination is incorrect, and what the <br /> correct determination of the appeal should be. Failure to file such a statement within the time or in <br /> the manner required waives the appellant's objections, and the appeal shall be dismissed. Unless the <br /> appellant and City agree to a longer time period, the appeal shall be heard by a hearings official <br /> within 30 days of receipt of the notice of appeal. At least ten days prior to the hearing, the City shall <br /> mail notice of the time and place of the hearing to the appellant. The hearings official shall hear and <br /> determine the appeal on the basis of the appellant's written statement and any additional evidence <br /> deemed appropriate. The appellant may present testimony and oral argument at the hearing either <br /> personally or by counsel. The hearings official shall issue a written decision within ten days of the <br /> date of the hearing. The decision of the hearings official is final, and may include a determination <br /> that the appeal fee be refunded to the appellant upon a finding by the hearings official that the appeal <br /> was not frivolous. <br /> 2. Appeal Fees. Appeals filed under this section shall be accompanied by an appeal fee <br /> in an amount established by the City Manager pursuant to Section 2.020 of the Eugene Code, 1971. <br /> Proposed Erosion Prevention Administrative Rule R -6.645 - 15 9/16/96 <br />
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