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- . <br /> copy of the notice, and shall state with particularity wherein the determination of the <br /> enforcement officer was in error. At the time the notice of appeal is filed, the appellant <br /> shall also serve a copy of the notice of appeal and the appellant's statement on the <br /> party against whom enforcement action is requested. The City Manager shall consider <br /> the enforcement officer's notice, any materials submitted by the appellant, and/or <br /> alleged violator, and within 30 days thereafter render a written decision affirming the <br /> enforcement officer's decision, modifying that decision,. or granting the appeal and <br /> <br /> - directing the enforcement officer to proceed with enforcement action. The decision of <br /> the City Manager shall be final. <br /> 2. Administrative Civil Penalty. Any person to whom a Notice of <br /> Imposition of an Administrative Civil Penalty is issued pursuant to R-6.725-G-2-3 of <br /> these rules may appeal that determination to the City Manager. The notice of appeal <br /> must be in writing, aid filed with the City Manager within 15 days from the date of the <br /> Notice being appealed. The appeal shall state the name and address of the appellant, <br /> the nature of the determination being appealed, the reason the determination is <br /> incorrect, and what the correct determination of the appeal should be. Failure to file <br /> such a statement within the time or in the manner required waives the appellant's <br /> objections, and the appeal shall be dismissed. Unless the appellant and City agree to <br /> a longer time period, the appeal shall be heard by a hearings official within 30 days of <br /> receipt of the notice of appeal. At least ten days prior to the hearing, the city shall mail <br /> notice of the time and place of the hearing to the appellant. The hearings official shall <br /> hear and determine the appeal on the basis of the appellant's written statement and <br /> 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 <br /> shall issue a written decision within ten days of the date of the hearing. The decision <br /> of the hearings official is final, and may include a determination that the appeal fee be , <br /> refunded to the appellant upon a finding by the hearings official that the appeal was <br /> not frivolous. <br /> 3. ~~peal Fees. Appeals filed under this section steal{ be accompanied by <br /> an appeal fee in an amount established by the City Manager pursuant to Section <br /> 2.020 of the Eugene Code, 1971. <br /> Public notice of this proposed rule shall be given by making copies thereof <br /> available to any person who h~(s requested such notice and by publication thereof in <br /> the Register Guard, a newspaper of genera{ circulation within the City for at least five <br /> days, providing interested persons an opportunity of not less than 15 days to submit <br /> data or comments thereon. If no valid comments or objections are received within the <br /> time and in the manner prescribed in the notice, the proposed rule as contained herein <br /> will be adopted and become effective immediate{y thereafter. <br /> Dated this day of ~ 1995. <br /> l i i <br /> / _ _ _ f-- - - - ~ - - <br /> Micheal, D. Gleason ~ ~ <br /> City Manager <br /> Ozone Protection Administrative Rule - 8 ~o~~~~ss <br /> <br />