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4. Service of Notices/Orders. All notices/orders shall be served by personal service <br /> or sent by certified mail and first class mail. Any notice/order served by mail shall be deemed <br /> received~for purposes of any time computations hereunder, three days after the date mailed, if to <br /> an address within this state, and seven days after the date mailed, if to an address outside this <br /> state. <br /> 5. Remedies not Exclusive. The enforcement mechanisms set forth herein are not <br /> exclusive, and are in addition to any other remedies available under provisions of the Eugene <br /> Code, 1971 and federal and state law. <br /> G. Appeals. <br /> 1. Following the procedures set forth in Section 2.021 of the Eugene Code, 1971, a <br /> responsible person to whom a Notice of Violation or Notice of Civil Penalty is issued may appeal <br /> the enforcement officer's determination to the City Manager. The appeal must be in writing, filed <br /> with the City Manager within 15 days from the date of the notice, and be accompanied by the fee <br /> <br /> established by the City Manager pursuant to Section 2.020 of the Eugene Code, 1971. The <br /> appeal shall state the name and address of the appellant, the nature of the determination being <br /> appealed, the reason the determination is incorrect, and what the correct determination of the <br /> appeal should be. Failure to file such a statement within the time or in the manner required <br /> waives the appellant's objections, and the appeal shall be dismissed. At least ten days prior to the <br /> <br /> hearing, the City shall mail notice of the time and place of the hearing to the appellant. The <br /> <br /> hearings official shall hear and determine the appeal on the basis of the appellant's written <br /> statement and any additional evidence deemed appropriate. The appellant may present testimony <br /> and oral argument at the hearing either personally or by counsel. The hearings official shall issue <br /> <br /> a written decision within ten days of the date of the hearing. The decision of the hearings official <br /> is final, and may include a determination that the appeal fee be refunded to the appellant upon a <br /> finding by the hearings official that the appeal was not frivolous. <br /> 2. The hearings official shall affum 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 this <br /> rule. The hearings official may modify the amount of the civil penalty based on the record and <br /> <br /> testimony received at the appeals hearing and the hearings off'icial's application of the evidence <br /> <br /> to the criteria contained in R-2.018-C. The hearings official shall set aside the administrative civil <br /> <br /> penalty only if the Ciry did not have authority to impose an administrative civil penalty or if the <br /> City substantially failed to comply with applicable procedures. <br /> Dated and effective this ~ day of August, 1996. <br /> C~" ~ <br /> City Manager Pro Tem <br /> Stormwater System Administrative Rule - 14 <br /> <br />