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<br /> I <br /> with applicable provisions of the Eugene Code, 1971, these rules, an erosion prevention permit, <br /> conditions imposed thereon, or an administrative compliance order, the enforcement officer may <br /> issue to the person a Notice of Imposition of an administrative civil penalty pursuant to the <br /> 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 /> <br /> i mail and first class mail. Any notice/order served by mail shall be deemed received for purposes of <br /> arxy time computations hereunder, three days after the date mailed, if to an address within this state, <br /> <br /> i arzd seven days after the date mailed, if to an address without this state. <br /> <br /> ~ 7. Penalties Not Exclusive. Any administrative civil penalty imposed pursuant to this <br /> 'I 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 /> <br /> i° <br /> 8. 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 /> <br /> i <br /> I', R~6.645-I Anneals. <br /> 1. Stop Work Order, Administrative Civil Penalty, Administrative Comaliance <br /> ,Oder. 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 /> j be effective upon issuance, and shall continue in effect during the pendency of any appeal. The <br /> <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 /> <br /> j 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 /> <br /> j I mail notice of the time and place of the hearing to the appellant. The hearings official shall hear and <br /> d$termine 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 /> <br /> I 'was not frivolous. <br /> Erosion Prevention Administrative Rule R-6.645 - 21 <br /> <br />