New Search
mail notice of the time and place of the hearing to the appellant. The hearings official shall hear and <br />determine the appeal on the basis of the appellant's written statement and any additional evidence <br />deemed appropriate. The appellant may present testimony and oral argument at the hearing either <br />personally or by counsel. The hearings official shall issue a written decision within ten days of the <br />date of the hearing. The decision of the hearings official is final, and may include a determination <br />that the appeal fee be refunded to the appellant upon a finding by the hearings official that the appeal <br />was not frivolous. <br />2. The hearings official shall affirm the administrative civil penalty if the City had <br />authority to impose the administrative civil penalty,. the City substantially complied with applicable <br />procedures, and the amount of penalty was properly determined in accordance with this rule. The <br />hearings official may modify the amount of the civil penalty based on the record and testimony <br />received at the appeals hearing and the hearings official's application of the evidence to the criteria <br />contained in R-2.018-C. The hearings official shall set aside the administrative civil penalty only <br />ifthe City did not have authority to impose an administrative civil penalty or if the City substantially <br />failed to comply with applicable procedures. <br />Public notice of these proposed amendments to Stormwater System Administrative Rules <br />shall be given by making copies thereof available to any person who has requested such notice and <br />by publication thereof in the Register Guard, a newspaper of general circulation within the City for <br />at .least five consecutive days, providing interested persons an opportunity of not less than 15 days <br />to submit written comments thereon. If no valid comments or obj ections are received within the time <br />and in the manner prescribed in the notice, the amendments to Stormwater System Administrative <br />Rules contained herein will be adopted and become effective immediately thereafter: <br />Dated this ~, day of _, 200 'L . <br />'~ City Manager <br />Administrative Order - 12 <br />