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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 Penaltti, 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 /> <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. Anneal <br /> 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 /> Public notice of this proposed rule shall be given by making copies thereof available to any <br /> person who has requested such notice and by publication thereof in the Register Guard, a newspaper <br /> of general circulation within the City for at least five days, providing interested persons an <br /> opportunity of not less than 15 days to submit data or comments thereon: If no valid comments or <br /> objections are received within the time and in the manner prescribed in the notice, the proposed rule <br /> as contained herein will be adopted and become effective immediately thereafter. <br /> Dated this day of ,1996. <br /> ~ ~ <br /> Linda Norris <br /> City Manager Pro Tem <br /> Proposed Erosion Prevention Administrative Rule R-6.645 - 16 12/4/96 <br /> <br />