New Search
1971. A request under this paragraph shall not act as a stay, or otherwise affect the filing or <br />~~~ <br />processing of an appeal under R-6.645-I. <br />R-6.645-I Appeals. <br />1. Stop Work Order, Administrative Civil Penalty, Administrative Compliance <br />Order. Any person to whom a Stop Work Order, Notice of Imposition of an Administrative Civil <br />Penalty or Administrative Compliance Order is issued pursuant to these rules may appeal that <br />determination to the City Manager. A Stop Work Order or Administrative Compliance Order shall <br />be effective upon issuance, and shall continue in effect during the pendency of any appeal. The <br />notice of appeal must be in writing, and filed with the City Manager within 15 days from the date <br />of the Notice 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, and what the <br />correct determination ofthe appeal should be. Failure to file such a statement within the time or in <br />the manrief required waives the appellant's objections, and the appeal shall be dismissed. Unless the <br />appellant and City agree to a longer time period, the appeal shall be heard by a hearings official <br />within 30 days of receipt of the notice of appeal. At least ten days prior to the hearing, the City shall <br />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. Appeal Fees. Appeals filed under this section shall be accompanied by an appeal fee. <br />in an amount established by the City Manager pursuant to Section 2.020 of the Eugene Code, 1971. <br />Public notice of this proposed rule shall be given by making copies thereof available to any <br />person who has requested such notice and by publication thereof in the Register Guard, a newspaper <br />of general circulation within the City for at least five days, providing interested persons an <br />opportunity of not less than 15 days to submit data or comments thereon: If no valid comments or <br />objections are received within the time and in the manner prescribed in the notice; the proposed rule <br />as contained herein will be adopted and become effective immediately thereafter. <br />Dated this day of ~ ,1996: <br />~ ~ ~~ <br />Linda Norris <br />City Manager Pro Tem <br />Proposed Erosion Prevention Administrative Rule R-6.645 - 16 12/4/96 <br />