New Search
r "`1 .r. <br />copy of the notice, and shall state with particularity wherein the determination of the <br />,:, <br />enforcement officer was in error. At the #ime the notice of appeal is filed, the appellant "` <br />shat( also serve a copy of the notice of appeal and the appellant`s sta#ement on the <br />party against whom enforcement action is requested. The. City Manager shall consider <br />. the enfi©rcement 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 />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 #iled 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 />no#ice 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. Appeal Fees. Appeals filed under this section shall 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, 197# . <br />Public notice ofi this proposed rule shall be given by malting copies thereof <br />available #o any person who his requested such notice and by publication thereof in <br />the Register Guard, a newspaper of general circulation within the City for a# least five <br />days, providing interested persons an opportunity of not less than 15 days #o 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 immediately thereafter. <br />Dated this /~ day of ~~-~ ~ ,, 1995. <br />,, ~ <br />Micheal, D. Gleason j " <br />City Manager <br />Ozone Protection Administrative Rule - 8 ~oi~~~ss <br />