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. , . -• <br />I ~ _, , . <br />6. Settlement of Civil Penalty Assessment. Upon receipt of Notice of Civil <br />Penalty .Assessment, the violator may request a conference with the City Manager or <br />designee. The City Manager or designee may compromise or settle any unpaid civil <br />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 <br />', ~ filing or processing of an appeal under paragraph 7 of this section. <br />7. Appeals. A Notice of Violation or Notice of Civil Penalty Assessment issued <br />under this section may be appealed in the manner set forth in Section R-6.725-H. <br />R-6.725-H Appeals. <br />1. Enforcement Officer's Determination. Any persorraggrieved by the <br />enforcement officer's determination under R-6.725-F that a violation for which an <br />enforcement action can be commenced does not exist may appeal that determination <br />#o the City Manager. The notice of appeal must be filed with the City Manager within <br />'~ 15 -days from the date of the enforcement officer's notice, shall be accompanied by a <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 />s <br />hall also serve a co of the notice of a eal and the a ellant s statement on the <br />pY pp pP <br />party against whom enforcement action is requested. The -City Manager shall <br />consider the enforcement officer's notice, any materials submitted by the appellant,. <br />and/or alleged violator, and within 30 days thereafter render a written decision <br />affirming the enforcement officer's decision, modifying that decision, or granting the <br />'' appeal and directing the enforcement officer to proceed with enforcement action. The <br />decision of the City Manager shall be final. <br />2. Administrative Civil Penalty. Any person to whom a Notice of Imposifion of <br />an Administrative Civil Penalty is issued pursuant to R-6.725-G-2-3 of these rules may. <br />appeal~that determination to the City Manager. The notice of appeal must be in <br />writing, and filed with the City Manager within 15 days from the date of the Notice <br />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, <br />and what the correct determination of the appeal should be. Failure to file such a <br />statement within the time or in the manner required waives the appellant's objections, <br />and the appeal shall be dismissed. Unless the appellant and City agree to a longer <br />time period, the appeal shall be heard by a hearings official within 30 days of receipt <br />of the notice of appeal. At least teri days prior to the hearing, the city shall mail. notice <br />of the time and place of the hearing to the appellan#. The hearings official shall hear <br />and determine the appeal on the basis of the appellant's written statement and~any <br />additional evidence deemed appropriate. The appellant may present testimony and <br />Proposed Ozone Protection Administrative Rule - 7 07/0695 <br />