<br /> M <br /> 6. Se le ent of Civil Penal Assessment. Upon receipt of Notice of Civil <br /> enalty Asse srr~ent, the violator may request a conference with the City Manager or <br /> esignee. Th pity Manager or designee may compromise or settle any unpaid civil <br /> enalty asses rrtent where authorized under Section 2.582 of the Eugene Code, <br /> 971. A requ st!, under this paragraph shall not act as a stay, or otherwise affect the <br /> fling or proce si g of an appeal under paragraph 7 of this section. <br /> 7. a Is. A Notice of Violation or Notice of Civil Penalty Assessment issued <br /> nder this se do may be appealed in the manner set forth in Section R-6.725-H. <br /> -6.725-H A e Is. <br /> 1. Enf r ement fficer's Determination. Any person aggrieved by the <br /> nforcement ffi er's determination under R-6.725-F that a violation for which an <br /> nforcement ct~On can be commenced does not exist may appeal that determination <br /> o the City Ma a~er. The notice of appeal must be filed with the City Manager within <br /> S days from h date of the enforcement officer's notice, shah be accompanied by a <br /> py of then tic, and shall state with particularity wherein the determination of the <br /> nforcement ffi~er was in error. At the time the notice of appeal is filed, the appellant <br /> hall also se e ~ copy of the notice of appeal and the appellant's statement on the <br /> arty against hlom enforcement action is requested. The City Manager shall <br /> nsider the nforcement officer's notice, any materials submitted by the appellant, <br /> nd/or allege violator, and within 30 days thereafter render a written decision <br /> ffirming the nforcement officer's decision, modifying that decision, or granting the <br /> ppeal and di edting the enforcement officer to proceed with enforcement action. The <br /> ecision of th dity Manager shall be final. <br /> 2. Ad i ~ istrative Civil Pe al .Any person to whom a Notice of Imposition of <br /> n Administra iv Civil Penalty is issued pursuant to R-6.725-G-2-3 of these rules may <br /> ppeal-that d to ,,urination to the City Manager. The notice of appeal must be in <br /> riting, and fil d'~~with the City Manager within 15 days from the date of the Notice <br /> eing appeal d. The appeal shall state the name and address of the appellant, the <br /> ature of the e~ermination being appealed, the reason the determination is incorrect, <br /> nd what the rect determination of the appeal should be. Failure to file such a <br /> tatement wit inithe time or in the manner required waives the appellant's objections, <br /> nd the appe I hall be dismissed. Unless the appellant and City agree to a longer <br /> lure period, t e ppeal shall be heard by a hearings official within 30 days of receipt <br /> f the notice f peal. At least ten days prior to the hearing, the city shall mail notice <br /> f the time an lace of the hearing to the appellant. The hearings official shall hear <br /> nd determin the appeal on the basis of the appellant's written statement and any <br /> dditional evi ence deemed appropriate. The appellant may present testimony and <br /> Proposed Oz ne Protection Administrative Rule - 7 07/06/95 <br /> _ . <br /> <br />